Instyle Contract Textiles Pty Limited v Good Environmental Choice Services Pty Ltd (No 4) [2010] FCA 602

Instyle Contract Textiles Pty Limited v Good Environmental Choice Services Pty Ltd (No 4) [2010] FCA 602

Given the applicant’s limited success on the motions and the cost burden imposed on respondents, the applicant should pay 80% of the respondents’ costs of and incidental to the hearing of the principal motion and associated motions.

Jurisdiction
Australia
Judgment Date
17 June 2010
Procedural Posture
Civil / Post Hearing, Costs Determination
Outcome
Applicant to pay 80% of respondents' costs.
Legal Topics
['costs' 'interim Injunctions']
['civil Procedure'] ['costs' 'interim Injunctions']

Case Brief

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Procedural Posture

Civil / Post Hearing, Costs Determination

Legal Issues

  1. 1 ['Appropriate allocation of costs after hearing motions' 'Impact of interim injunctive relief applications on costs' "Whether costs should be 'costs in the proceeding'"]

Ratio Decidendi

Given the applicant’s limited success on the motions and the cost burden imposed on respondents, the applicant should pay 80% of the respondents’ costs of and incidental to the hearing of the principal motion and associated motions.

Court Disposition

Applicant to pay 80% of respondents' costs.

Orders

  • ["The applicant pay 80% of the respondents' costs of and incidental to the hearing of the notice of motion filed on 2 November 2009." 'The costs of and incidental to the hearing of the principal motion are to include the costs of the hearing of the notices of motion filed on 20 November 2009, 8 December 2009, and 9...