Ford Motor Company of Australia Limited v Jefferson Ford Pty Ltd [2007] FCA 998

Ford Motor Company of Australia Limited v Jefferson Ford Pty Ltd [2007] FCA 998

The respondent is ordered to pay two-thirds of the applicants' costs for their motion, and the full costs of FBIS and Mr Minisini on an indemnity basis, as their claim under s 52 of the Trade Practices Act was not fairly open on known facts and the respondent should have known it had no chance of success.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Notice of Motion and Cross Claim / Post Judgment on Costs
Outcome
Costs orders granted
Legal Topics
['costs' 'indemnity Costs' 'summary Judgment' 'misleading or Deceptive Conduct' 'commercial Law']
['civil Procedure'] ['costs' 'indemnity Costs' 'summary Judgment' 'misleading or Deceptive Conduct' 'commercial Law']

Case Brief

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Procedural Posture

Notice of Motion and Cross Claim / Post Judgment on Costs

Legal Issues

  1. 1 ['Entitlement to costs following unsuccessful motions' 'Basis for indemnity costs orders' 'Assessment of reasonableness in continuing proceedings under Trade Practices Act']

Ratio Decidendi

The respondent is ordered to pay two-thirds of the applicants' costs for their motion, and the full costs of FBIS and Mr Minisini on an indemnity basis, as their claim under s 52 of the Trade Practices Act was not fairly open on known facts and the respondent should have known it had no chance of success.

Court Disposition

Costs orders granted

Orders

  • ['The respondent pay two-thirds of the costs of the applicants and the 1st, 2nd, 3rd and 4th cross-respondents of their Notice of Motion filed on 26 April 2007.' 'The respondent pay the costs of the 5th and 6th cross-respondents of the Cross-Claim and their Notice of Motion filed on 26 April 2007, to be taxed on an...