Jones v T R Flanagan Smash Repairs Pty Ltd [2000] FCA 1232

Jones v T R Flanagan Smash Repairs Pty Ltd [2000] FCA 1232

There were no special circumstances, including lack of resources, to warrant departing from the usual rule that costs follow the event; the primary Judge's discretion was correctly exercised and the appeal is dismissed with costs.

Jurisdiction
Australia
Judgment Date
28 August 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
['costs' 'appeal' 'copyright Infringement']
['practice and Procedure'] ['costs' 'appeal' 'copyright Infringement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether lack of financial resources is a special circumstance justifying departure from the rule that costs follow the event on an appeal in copyright proceedings']

Ratio Decidendi

There were no special circumstances, including lack of resources, to warrant departing from the usual rule that costs follow the event; the primary Judge's discretion was correctly exercised and the appeal is dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed' "The appellant to pay the respondents' costs"]