Multiplex Constructions Pty Ltd v Multiplex Bauhaus Pty Ltd [2002] FCA 718

Multiplex Constructions Pty Ltd v Multiplex Bauhaus Pty Ltd [2002] FCA 718

The respondents were ordered to pay the applicant's costs because their unequivocal correspondence invited or justified the commencement and pursuit of the proceeding, and the later offer to consent to relief was materially qualified in a way capable of significant commercial consequences; therefore the undertakings ultimately given did not make the respondents' position more favourable than the applicant's pursuit of the proceeding.

Jurisdiction
Australia
Judgment Date
28 May 2002
Procedural Posture
Federal Court Proceeding Under Part V of the Trade Practices Act 1974 (cth) Seeking Restraints Concerning Use of the Name "multiplex", Name Change Orders, Damages and Costs / Hearing Initially Fixed for Interlocutory Relief But Dealt With on a Final Basis After Respondents Proffered Undertakings; Remaining Issue Was Costs
Outcome
The Court noted respondents' undertakings given without admission, ordered the respondents to pay the applicant's costs, and otherwise dismissed the application.
Legal Topics
['misleading or Deceptive Conduct' 'false Representation of Sponsorship, Approval or Affiliation' 'use of Corporate Names' 'interlocutory Injunction' 'costs']
['competition and Consumer Law' 'civil Procedure'] ['misleading or Deceptive Conduct' 'false Representation of Sponsorship, Approval or Affiliation' 'use of Corporate Names' 'interlocutory Injunction' 'costs']

Case Brief

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Procedural Posture

Federal Court Proceeding Under Part V of the Trade Practices Act 1974 (cth) Seeking Restraints Concerning Use of the Name "multiplex", Name Change Orders, Damages and Costs / Hearing Initially Fixed for Interlocutory Relief But Dealt With on a Final Basis After Respondents Proffered Undertakings; Remaining Issue Was Costs

Legal Issues

  1. 1 ["Whether the respondents should pay the applicant's costs after giving undertakings and the applicant consenting to dismissal of the application otherwise." "Whether the applicant was justified in commencing and pursuing the proceeding in light of the respondents' correspondence and the qualified settlement offer of 23 May 2002."]

Ratio Decidendi

The respondents were ordered to pay the applicant's costs because their unequivocal correspondence invited or justified the commencement and pursuit of the proceeding, and the later offer to consent to relief was materially qualified in a way capable of significant commercial consequences; therefore the undertakings ultimately given did not make the respondents' position more favourable than the applicant's pursuit of the proceeding.

Court Disposition

The Court noted respondents' undertakings given without admission, ordered the respondents to pay the applicant's costs, and otherwise dismissed the application.

Orders

  • ['The respondents, and each of them, undertook by 4 pm Tuesday, 28 May 2002 to take all necessary steps to change the name of the first three respondents to a name that does not include the word "MULTIPLEX".' 'None of the respondents will engage in conduct or carry on business using the name "MULTIPLEX", or a name...