Wait, Kenneth Marr & Anor v Reed, Noel Lloyd & Anor [1997] FCA 278

Wait, Kenneth Marr & Anor v Reed, Noel Lloyd & Anor [1997] FCA 278

Given the applicants' limited success on the contract claim and complete failure on primary claims for contravention of s 52 of the Trade Practices Act and negligent misstatement, the proper exercise of the court's discretion is to make no order as to costs, including reserved costs.

Jurisdiction
Australia
Judgment Date
18 April 1997
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
no order as to costs
Legal Topics
['costs' 'discretion of Court' 'litigation Success and Costs Allocation']
['civil Procedure'] ['costs' 'discretion of Court' 'litigation Success and Costs Allocation']

Case Brief

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['What is the appropriate order as to costs in light of the degree of success or failure of the respective parties?']

Ratio Decidendi

Given the applicants' limited success on the contract claim and complete failure on primary claims for contravention of s 52 of the Trade Practices Act and negligent misstatement, the proper exercise of the court's discretion is to make no order as to costs, including reserved costs.

Court Disposition

no order as to costs

Orders

  • ['There be no order as to costs, including reserved costs.']