Novamaze Pty Ltd & Anor v Cut Price Deli Pty Ltd & Ors [1998] FCA 1421

Novamaze Pty Ltd & Anor v Cut Price Deli Pty Ltd & Ors [1998] FCA 1421

The phrase 'costs of … the action' in the consent order requires the fourth and fifth respondents to pay only those costs incurred by the applicants in connection with the proceedings against them, not those incurred solely in connection with proceedings against the other respondents.

Jurisdiction
Australia
Judgment Date
30 October 1998
Procedural Posture
Application and Statement of Claim (civil Proceeding) / Post Settlement Interpretation of Consent Orders (costs Determination)
Outcome
Application as against fourth and fifth respondents dismissed by consent; costs order interpreted; taxable costs limited by declaration
Legal Topics
['costs' 'settlement Agreements' 'interpretation of Court Orders']
['civil Procedure'] ['costs' 'settlement Agreements' 'interpretation of Court Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application and Statement of Claim (civil Proceeding) / Post Settlement Interpretation of Consent Orders (costs Determination)

Legal Issues

  1. 1 ["Whether consent order for 'costs of the action' requires fourth and fifth respondents to pay all applicants' costs or only those incurred in proceedings against them"]

Ratio Decidendi

The phrase 'costs of … the action' in the consent order requires the fourth and fifth respondents to pay only those costs incurred by the applicants in connection with the proceedings against them, not those incurred solely in connection with proceedings against the other respondents.

Court Disposition

Application as against fourth and fifth respondents dismissed by consent; costs order interpreted; taxable costs limited by declaration

Orders

  • ['The application, as against the fourth and fifth respondents, is dismissed.' "The fourth and fifth respondents pay the first and second applicants' costs of and incidental to the action, including all reserved costs, to be taxed." 'Declaration: such costs are only those incurred by the applicants in connection...