McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd [2001] FCA 1221

McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd [2001] FCA 1221

Costs ordered for determination of liability and relief should be taxed and payable forthwith, conditional upon applicant satisfying respondents or Registrar of ability to repay in event of appeal. Rule O 62, r 36A should not apply, given substantive non-monetary relief was granted and damages are not the predominant aspect.

Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Civil / Post Liability Determination, Costs and Directions
Outcome
Costs taxed and payable forthwith on specified conditions; respondents to pay applicant's costs of notice of motion; proceedings stood over for further directions; liberty to apply.
Legal Topics
['costs' 'stay Pending Appeal' 'federal Court Rules O 62, R 36 A' 'injunctive Relief']
['civil Procedure'] ['costs' 'stay Pending Appeal' 'federal Court Rules O 62, R 36 A' 'injunctive Relief']

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Procedural Posture

Civil / Post Liability Determination, Costs and Directions

Legal Issues

  1. 1 ['Should costs, ordered after determination of liability and relief, be taxed and payable forthwith, despite pending appeal and outstanding assessment of damages?' 'Does Order 62, rule 36A of the Federal Court Rules apply in circumstances where injunctive relief is granted and damages remain to be assessed?']

Ratio Decidendi

Costs ordered for determination of liability and relief should be taxed and payable forthwith, conditional upon applicant satisfying respondents or Registrar of ability to repay in event of appeal. Rule O 62, r 36A should not apply, given substantive non-monetary relief was granted and damages are not the predominant aspect.

Court Disposition

Costs taxed and payable forthwith on specified conditions; respondents to pay applicant's costs of notice of motion; proceedings stood over for further directions; liberty to apply.

Orders

  • ["Applicant's costs of proceedings up to 31 May 2001 be taxed and payable forthwith, conditional upon applicant satisfying respondents or Registrar regarding ability to repay in event of appeal." "Respondents to pay applicant's costs of notice of motion filed 13 July 2001." 'Proceedings stood over for further...