Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 3) [2009] FCA 322

Sebel Furniture Limited v Acoustic & Felts Pty Limited (No 3) [2009] FCA 322

Leave was granted to discontinue certain claims; applicant was ordered to pay respondent's costs incurred up to and including 24 March 2009 with specified exclusions for interlocutory and cross-claim costs based on work done and prior orders.

Jurisdiction
Australia
Judgment Date
01 April 2009
Procedural Posture
Civil / Interlocutory and Discontinuance of Claims
Outcome
Leave to discontinue granted; costs order made.
Legal Topics
['discontinuance' 'costs' 'interlocutory Applications']
['civil Procedure'] ['discontinuance' 'costs' 'interlocutory Applications']

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

Civil / Interlocutory and Discontinuance of Claims

Legal Issues

  1. 1 ['Whether leave should be granted to discontinue specific claims' 'Appropriate allocation of costs following discontinuance']

Ratio Decidendi

Leave was granted to discontinue certain claims; applicant was ordered to pay respondent's costs incurred up to and including 24 March 2009 with specified exclusions for interlocutory and cross-claim costs based on work done and prior orders.

Court Disposition

Leave to discontinue granted; costs order made.

Orders

  • ['Leave granted to applicant to file Notice of Discontinuance for the specified claims.' "Applicant to pay respondent's costs incurred up to and including 24 March 2009 in respect of discontinued claims, including disqualification application, excluding interlocutory, extant claims, and Cross-Claim costs."]