Powerflex Services Pty Ltd v Data Access Corp [2000] FCA 386

Powerflex Services Pty Ltd v Data Access Corp [2000] FCA 386

Because the appellants succeeded on all but the subsidiary Huffman Table issue on the appeal, succeeded on the cross-appeal, and should have succeeded at first instance on all significant issues except the Huffman Table issue, they were entitled to seven-eighths of the appeal costs, their cross-appeal costs, and their trial costs except costs referable to the Huffman Table issue; the fourth appellant's trial costs and any liability for respondent's costs were reserved.

Jurisdiction
Australia
Judgment Date
30 March 2000
Procedural Posture
Appeal and Cross Appeal / Reasons for Judgment as to Costs
Outcome
Costs orders made in favour of the appellants in part; issues concerning the fourth appellant's trial costs reserved.
Legal Topics
['costs' 'appeal Costs' 'cross Appeal Costs' 'trial Costs']
['civil Procedure'] ['costs' 'appeal Costs' 'cross Appeal Costs' 'trial Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal and Cross Appeal / Reasons for Judgment as to Costs

Legal Issues

  1. 1 ['What costs orders should be made after the appellants succeeded on all but one point on the appeal.' 'What costs order should be made on the cross-appeal.' 'What costs order should be made for the trial, including costs referable to the Huffman Table issue and the fourth appellant.']

Ratio Decidendi

Because the appellants succeeded on all but the subsidiary Huffman Table issue on the appeal, succeeded on the cross-appeal, and should have succeeded at first instance on all significant issues except the Huffman Table issue, they were entitled to seven-eighths of the appeal costs, their cross-appeal costs, and their trial costs except costs referable to the Huffman Table issue; the fourth appellant's trial costs and any liability for respondent's costs were reserved.

Court Disposition

Costs orders made in favour of the appellants in part; issues concerning the fourth appellant's trial costs reserved.

Orders

  • ["The respondent pay seven‑eights of the appellants' costs of the appeal." "The respondent (cross‑appellant) pay the appellants' (cross‑respondents') costs of the cross‑appeal." "The respondent pay the appellants' costs of and incidental to the trial save for such part of those costs as is referable to the Huffman...