Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd (No 2) [2005] FCA 401

Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd (No 2) [2005] FCA 401

Although some arguments by Pacific Brands were hopeless, the novelty and requirement to prove breach as a precondition to termination meant the trial duration was not significantly affected, so only standard costs—not solicitor and client costs—were awarded to Underworks.

Jurisdiction
Australia
Judgment Date
15 April 2005
Procedural Posture
Civil / Costs Ruling Post Trial
Outcome
Application dismissed; orders as to costs and declaratory relief on cross-claim.
Legal Topics
['costs' 'solicitor and Client Costs' 'unmeritorious Claims']
['civil Procedure'] ['costs' 'solicitor and Client Costs' 'unmeritorious Claims']

Case Brief

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Procedural Posture

Civil / Costs Ruling Post Trial

Legal Issues

  1. 1 ['Whether costs should be awarded on a solicitor and client basis due to unmeritorious claims' "Whether Pacific Brands' arguments were hopeless or merely marginal" 'Whether special cost orders should be made for running hopeless points']

Ratio Decidendi

Although some arguments by Pacific Brands were hopeless, the novelty and requirement to prove breach as a precondition to termination meant the trial duration was not significantly affected, so only standard costs—not solicitor and client costs—were awarded to Underworks.

Court Disposition

Application dismissed; orders as to costs and declaratory relief on cross-claim.

Orders

  • ['The application by Pacific Brands is dismissed.' "The applicants pay the respondent's costs." 'It is declared that the Sub-Licence agreement dated 15 November 2000 between Sara Lee Apparel (Australasia) Pty Ltd and Underworks Pty Ltd continues in force.']