Elitegold P/L v. Australia Fair Shopping Centres P/L & Ors [1994] FCA 962

Elitegold P/L v. Australia Fair Shopping Centres P/L & Ors [1994] FCA 962

The proper exercise of the court's discretion requires that, given the applicant's partial success on the breach of s.52 of the Trade Practices Act, justice is served by limiting the costs order to exclude the time spent on that issue; therefore, costs are limited to seven days of hearing in favour of the respondents.

Parties
Applicant: Elitegold Pty Limited; Second Respondent: Australia Fair Shopping Centres Pty Limited; Fourth Respondent: CM Holdings Pty Ltd; Fifth Respondent: Fifth Respondent
Jurisdiction
Australia
Judgment Date
16 November 1994
Procedural Posture
Costs Application After Trial Judgment / Post Judgment (costs Determination)
Outcome
Application for full costs by respondents only partly granted; applicant ordered to pay respondents' costs for seven days of hearing.
Legal Topics
Costs, Misleading or Deceptive Conduct
Civil Procedure Trade Practices Costs Misleading or Deceptive Conduct

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Parties

Elitegold Pty Limited

Applicant

Australia Fair Shopping Centres Pty Limited

Second Respondent

CM Holdings Pty Ltd

Fourth Respondent

Fifth Respondent

Fifth Respondent

Procedural Posture

Costs Application After Trial Judgment / Post Judgment (costs Determination)

Legal Issues

  1. 1 Appropriate apportionment of costs when applicant succeeds on one issue (breach of s.52) but fails overall
  2. 2 Application of the principle that costs follow the event in cases involving multiple issues

Ratio Decidendi

The proper exercise of the court's discretion requires that, given the applicant's partial success on the breach of s.52 of the Trade Practices Act, justice is served by limiting the costs order to exclude the time spent on that issue; therefore, costs are limited to seven days of hearing in favour of the respondents.

Court Disposition

Application for full costs by respondents only partly granted; applicant ordered to pay respondents' costs for seven days of hearing.

Orders

  • Applicant to pay respondents' costs limited to seven days of hearing.