CA Inc v Independent Systems Integrators Pty Limited (No 1) [2009] FCA 309

CA Inc v Independent Systems Integrators Pty Limited (No 1) [2009] FCA 309

In the absence of clear evidence that one party overwhelmingly succeeded or was unreasonable, and given the compromise on the terms of the disclosure, the just order is that there be no order as to costs.

Parties
First Applicant: CA, Inc; Second Applicant: CA (Pacific) Pty Ltd; Respondent: Independent Systems Integrators Pty. Limited
Jurisdiction
Australia
Judgment Date
11 March 2009
Procedural Posture
Notice of Motion in Ongoing Proceedings / Interlocutory Costs Determination Following Settlement of a Motion
Outcome
No order as to costs
Legal Topics
Costs, Confidentiality in Proceedings, Interlocutory Applications
Civil Procedure Costs Confidentiality in Proceedings Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

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Parties

CA, Inc

First Applicant

CA (Pacific) Pty Ltd

Second Applicant

Independent Systems Integrators Pty. Limited

Respondent

Procedural Posture

Notice of Motion in Ongoing Proceedings / Interlocutory Costs Determination Following Settlement of a Motion

Legal Issues

  1. 1 Whether costs should be awarded following settlement of an interlocutory motion regarding access to confidential materials

Ratio Decidendi

In the absence of clear evidence that one party overwhelmingly succeeded or was unreasonable, and given the compromise on the terms of the disclosure, the just order is that there be no order as to costs.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs.