Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No. 2) [2008] FCA 1140

Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No. 2) [2008] FCA 1140

The undertaking was not the sole basis for refusing interlocutory relief; thus, it would not be appropriate to apportion costs based on timing of the undertaking, and the initial costs order should remain.

Jurisdiction
Australia
Judgment Date
25 July 2008
Procedural Posture
Application / Post Interlocutory, Costs Variation Application
Outcome
Application to vary the order for costs dismissed.
Legal Topics
['costs' 'interlocutory Relief']
['civil Procedure'] ['costs' 'interlocutory Relief']

Case Brief

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Procedural Posture

Application / Post Interlocutory, Costs Variation Application

Legal Issues

  1. 1 ['Whether the costs order made on 27 June 2008 should be varied due to the timing of an undertaking given by the respondent.']

Ratio Decidendi

The undertaking was not the sole basis for refusing interlocutory relief; thus, it would not be appropriate to apportion costs based on timing of the undertaking, and the initial costs order should remain.

Court Disposition

Application to vary the order for costs dismissed.

Orders

  • ['The application to vary the order for costs made on 27 June 2008 is dismissed.' 'No separate order as to costs for today.']