Mortgage House of Australia Pty Limited v Mortgage House International Pty Limited [2004] FCA 1736

Mortgage House of Australia Pty Limited v Mortgage House International Pty Limited [2004] FCA 1736

The respondents are ordered to pay the applicants' costs to date, excluding costs relating to the interlocutory application of 21 May 2004, as this is a final disposition of the relevant part of the case and there was no special feature justifying a different approach to allocation of costs for the Trade Marks Act claim.

Jurisdiction
Australia
Judgment Date
16 December 2004
Procedural Posture
Civil / Post Liability, Costs Determination
Outcome
costs awarded to applicants, excluding costs of interlocutory application
Legal Topics
['costs' 'interlocutory Applications' 'trade Marks' 'injunctive Relief']
['civil Procedure'] ['costs' 'interlocutory Applications' 'trade Marks' 'injunctive Relief']

Case Brief

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Procedural Posture

Civil / Post Liability, Costs Determination

Legal Issues

  1. 1 ['Determination of costs following judgment on liability and injunctive relief' 'Exclusion of costs relating to interlocutory application on 21 May 2004' 'Consideration of costs for claims not pursued under Trade Marks Act']

Ratio Decidendi

The respondents are ordered to pay the applicants' costs to date, excluding costs relating to the interlocutory application of 21 May 2004, as this is a final disposition of the relevant part of the case and there was no special feature justifying a different approach to allocation of costs for the Trade Marks Act claim.

Court Disposition

costs awarded to applicants, excluding costs of interlocutory application

Orders

  • ['The respondents pay the costs of the applicants to date excluding the costs of the application made on 21 May 2004.' 'The applicant may proceed to tax costs forthwith.' 'The proceedings stand over to Tuesday 8 February 2005 at 9.30 am.']