Delta Metallics Pty Ltd v King (No 2) [2012] FCA 1328

Delta Metallics Pty Ltd v King (No 2) [2012] FCA 1328

The Court accepted the applicant's evidence, including an admission of net profit by the first respondent, and found the applicant entitled to an account of profits and to its costs for the hearing.

Parties
Applicant: Delta Metallics Pty Ltd; First Respondent: Joshua Nathan King (trading as White Collar Boxing Inc); Second Respondent: Adam Partridge; Third Respondent: Boxing New South Wales Incorporated; Fourth Respondent: Boxing Australia (NSW) Incorporated
Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Civil / Judgment Following Default Judgment and Application for Account of Profits
Outcome
Orders made for payment of profits to applicant and for costs
Legal Topics
Default Judgment, Account of Profits, Costs Order
Civil Procedure Default Judgment Account of Profits Costs Order

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Parties

Delta Metallics Pty Ltd

Applicant

Joshua Nathan King (trading as White Collar Boxing Inc)

First Respondent

Adam Partridge

Second Respondent

Boxing New South Wales Incorporated

Third Respondent

Boxing Australia (NSW) Incorporated

Fourth Respondent

Procedural Posture

Civil / Judgment Following Default Judgment and Application for Account of Profits

Legal Issues

  1. 1 Whether the applicant is entitled to an account of profits from the first respondent for certain boxing tournaments
  2. 2 Whether the applicant is entitled to costs for the hearing on 23 November 2012

Ratio Decidendi

The Court accepted the applicant's evidence, including an admission of net profit by the first respondent, and found the applicant entitled to an account of profits and to its costs for the hearing.

Court Disposition

Orders made for payment of profits to applicant and for costs

Orders

  • The first respondent pay $12,253 to the applicant by 14 December 2012 on account of profits made by the first respondent in relation to tournaments held on 31 July 2010, 11 December 2010, 16 April 2011 and 23 July 2011.
  • The first respondent pay the applicant's costs of and incidental to the hearing on 23 November 2012.