Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113

Stefanovski v Digital Central Australia (Assets) Pty Ltd (No 2) [2018] FCAFC 113

Where parties have mixed success at trial and on appeal, the appropriate approach to costs is to make apportioned orders—using percentage reductions—reflecting the general outcome. Appellants’ partial success on the appeal and at trial justifies percentage awards of costs both ways, and the pre-judgment interest is...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Appeal / Appeal – Costs and Interest Determination Post Partial Success
Outcome
Orders made apportioning costs and interest following parties’ partial success at trial and appeal.
Legal Topics
['costs' 'injunctions' 'confidential Information' 'interest' 'apportionment of Costs']
['practice and Procedure' 'commercial Law'] ['costs' 'injunctions' 'confidential Information' 'interest' 'apportionment of Costs']

Source-derived case record

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Procedural Posture

Appeal / Appeal – Costs and Interest Determination Post Partial Success

Legal Issues

  1. 1 ['How should costs be apportioned where parties have mixed success at trial and appeal?' 'What is the appropriate pre-judgment interest to be awarded?']

Ratio Decidendi

Where parties have mixed success at trial and on appeal, the appropriate approach to costs is to make apportioned orders—using percentage reductions—reflecting the general outcome. Appellants’ partial success on the appeal and at trial justifies percentage awards of costs both ways, and the pre-judgment interest is calculated in accordance with s 51A of the Act based on past economic loss.

Court Disposition

Orders made apportioning costs and interest following parties’ partial success at trial and appeal.

Orders

  • ['The appellants pay the respondent $2,475 as pre-judgment interest pursuant to s 51A(1)(a) of the Federal Court of Australia Act 1976 (Cth).' "The appellants are to pay 80% of the respondent's costs of and incidental to the action." "The costs of and incidental to the application for interlocutory relief made on 3...