Instant Colour Pty Ltd & Ors v Canon Australia Pty Ltd & Anor [1997] FCA 162

Instant Colour Pty Ltd & Ors v Canon Australia Pty Ltd & Anor [1997] FCA 162

Because the applicants succeeded on the notion of public wrong and obtained an earlier 20 per cent reduction in the costs order, but failed on other issues, the same 80 per cent apportionment was appropriate for the costs of the costs submissions.

Jurisdiction
Australia
Judgment Date
26 February 1997
Procedural Posture
Costs / Determination of Costs on the Costs Submissions
Outcome
The applicants were ordered to pay 80 per cent of the respondents' costs on the costs submissions to be taxed.
Legal Topics
['costs Submissions' 'apportionment of Costs' 'public Wrong']
['costs'] ['costs Submissions' 'apportionment of Costs' 'public Wrong']

Case Brief

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Procedural Posture

Costs / Determination of Costs on the Costs Submissions

Legal Issues

  1. 1 ['How the costs on the costs submissions should be dealt with.' 'Whether there should be an apportionment of costs on the costs submissions.']

Ratio Decidendi

Because the applicants succeeded on the notion of public wrong and obtained an earlier 20 per cent reduction in the costs order, but failed on other issues, the same 80 per cent apportionment was appropriate for the costs of the costs submissions.

Court Disposition

The applicants were ordered to pay 80 per cent of the respondents' costs on the costs submissions to be taxed.

Orders

  • ["The applicants pay 80 per cent of the respondents' costs on the costs submissions to be taxed."]