C-Shirt Pty Ltd v Barnett Marketing & Management Pty Ltd & Ors [1996] FCA 1189

C-Shirt Pty Ltd v Barnett Marketing & Management Pty Ltd & Ors [1996] FCA 1189

Despite the applicant's partial success and arguments about delay and hardship, it is not appropriate to order costs before the determination of damages; costs are therefore reserved until the proceedings are concluded.

Jurisdiction
Australia
Judgment Date
17 December 1996
Procedural Posture
Civil / Post Liability Determination, Pre Damages Hearing
Outcome
costs reserved
Legal Topics
['deceit' 'trade Practices Act S 52 and S 82' 'breach of Contract' 'fiduciary Obligations' 'passing Off' 'injurious Falsehood']
['trade Practices' 'torts' 'contract Law'] ['deceit' 'trade Practices Act S 52 and S 82' 'breach of Contract' 'fiduciary Obligations' 'passing Off' 'injurious Falsehood']

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Procedural Posture

Civil / Post Liability Determination, Pre Damages Hearing

Legal Issues

  1. 1 ['Whether costs should be ordered immediately following judgment on liability but before damages are determined' 'Whether separation of liability and damages affects the application of Order 62, rule 36A regarding costs']

Ratio Decidendi

Despite the applicant's partial success and arguments about delay and hardship, it is not appropriate to order costs before the determination of damages; costs are therefore reserved until the proceedings are concluded.

Court Disposition

costs reserved

Orders

  • ["Costs of the proceedings to date, including this morning's hearing, are reserved."]