Caterpillar Inc v John Deere Ltd [1999] FCA 669

Caterpillar Inc v John Deere Ltd [1999] FCA 669

The applicant's motion failed as a prima facie case was not made out and the issues on the motion were discrete, with respondents entitled to immediate taxation and payment of their costs.

Parties
Applicant: Caterpillar Inc.; First Respondent: John Deere Limited; Second Respondent: QAS Wholesalers Pty Ltd; Third Respondent: Agro Machinery Pty Ltd; First Cross Claimant: John Deere Limited; Second Cross Claimant: QAS Wholesalers Pty Ltd; Third Cross Claimant: Agro Machinery Pty Ltd; Cross Respondent: Caterpillar Inc.
Jurisdiction
Australia
Judgment Date
20 May 1999
Procedural Posture
Ruling on Interlocutory Costs Motion / Post Hearing Costs Order
Outcome
order for immediate taxation and payment of respondents' costs
Legal Topics
Costs, Interlocutory Motions
Civil Procedure Costs Interlocutory Motions

Case Brief

Summary, issues, holding and outcome

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Parties

Caterpillar Inc.

Applicant

John Deere Limited

First Respondent

QAS Wholesalers Pty Ltd

Second Respondent

Agro Machinery Pty Ltd

Third Respondent

John Deere Limited

First Cross Claimant

QAS Wholesalers Pty Ltd

Second Cross Claimant

Agro Machinery Pty Ltd

Third Cross Claimant

Caterpillar Inc.

Cross Respondent

Procedural Posture

Ruling on Interlocutory Costs Motion / Post Hearing Costs Order

Legal Issues

  1. 1 Whether respondents are entitled to have their costs of the applicant's failed motion taxed and paid forthwith

Ratio Decidendi

The applicant's motion failed as a prima facie case was not made out and the issues on the motion were discrete, with respondents entitled to immediate taxation and payment of their costs.

Court Disposition

order for immediate taxation and payment of respondents' costs

Orders

  • The respondents' costs of the applicant's notice of motion dated 20 November 1998 be taxed and paid forthwith pursuant to Order 62 rule 3(2) and (3).