On-line Consulting P/L v. Landmark Systems Corporation & Anor [1994] FCA 1005

On-line Consulting P/L v. Landmark Systems Corporation & Anor [1994] FCA 1005

The application for relief was inappropriate since the entitlement to terminate would be determined by the agreed forum (Virginia courts), and there was no adjudication yet regarding the termination. The application was doomed to fail, warranting its dismissal and an order as to costs against the applicant.

Source-derived case information.

Parties
Applicant: ON-LINE CONSULTING PTY LIMITED; Respondent: LANDMARK SYSTEMS CORPORATION; Respondent: ANOR
Jurisdiction
Australia
Judgment Date
08 December 1994
Procedural Posture
Application / Judgment on Costs After Dismissal by Consent
Outcome
Application dismissed by consent; applicant ordered to pay respondents' costs.
Legal Topics
Costs, Jurisdiction, Contract Termination, Misleading or Deceptive Conduct
Contract Law Civil Procedure Costs Jurisdiction Contract Termination Misleading or Deceptive Conduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

ON-LINE CONSULTING PTY LIMITED

Applicant

LANDMARK SYSTEMS CORPORATION

Respondent

ANOR

Respondent

Procedural Posture

Application / Judgment on Costs After Dismissal by Consent

Legal Issues

  1. 1 Whether the applicant is entitled to relief restraining the respondents from representing that the agreement was validly terminated and breached
  2. 2 Whether costs should be awarded against the applicant

Ratio Decidendi

The application for relief was inappropriate since the entitlement to terminate would be determined by the agreed forum (Virginia courts), and there was no adjudication yet regarding the termination. The application was doomed to fail, warranting its dismissal and an order as to costs against the applicant.

Court Disposition

Application dismissed by consent; applicant ordered to pay respondents' costs.

Orders

  • Application dismissed.
  • Applicant to pay respondents' costs of the application.