Cortem SpA v Controlmatic Pty Ltd (No 2) [2010] FCA 979

Cortem SpA v Controlmatic Pty Ltd (No 2) [2010] FCA 979

The applicant is entitled to recovery of interest on damages awarded under s 51A of the Federal Court of Australia Act 1976 (Cth), to its costs of the proceeding, and to 85% of its costs relating to the Cross-claim, recognizing substantial but not total success.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Civil / Post Trial Orders
Outcome
Application granted
Legal Topics
['costs' 'interest on Judgment' 'cross Claims']
['civil Procedure'] ['costs' 'interest on Judgment' 'cross Claims']

Case Brief

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Procedural Posture

Civil / Post Trial Orders

Legal Issues

  1. 1 ['Whether the applicant is entitled to costs of the proceeding and cross-claim' 'Whether the applicant is entitled to interest on the judgment sum']

Ratio Decidendi

The applicant is entitled to recovery of interest on damages awarded under s 51A of the Federal Court of Australia Act 1976 (Cth), to its costs of the proceeding, and to 85% of its costs relating to the Cross-claim, recognizing substantial but not total success.

Court Disposition

Application granted

Orders

  • ['The second respondent pay the sum of $79,025.43 to the applicant by way of interest on damages awarded under Order 2 made by the Court on 13 August 2010.' "The second respondent pay the applicant's costs of the Application." "The second respondent pay 85% of the applicant's costs of the Cross‑claim."]