Zaknic Pty Ltd v Svelte Corporation Pty Ltd & Ors [1996] FCA 768

Zaknic Pty Ltd v Svelte Corporation Pty Ltd & Ors [1996] FCA 768

It is appropriate not to reduce damages payable under s 82 of the Trade Practices Act by amounts recovered from other respondents, as to do otherwise would not involve double recovery given the nature of the applicant's claim; apportionment of costs between respondent groups is impracticable and inappropriate in the circumstances of the case.

Parties
Applicant: Zaknic Pty Limited; First Respondent: Svelte Corporation Pty Limited; Second Respondent: Harry Sialepis; Third Respondent: Crypta Fuels Pty Limited; Fourth Respondent: Robert Joseph Hagan; First Cross Claimant: Harry Sialepis; Second Cross Claimant: Svelte Corporation Pty Limited; First Cross Respondent: Crypta Fuels Pty Limited; Second Cross Respondent: Robert Joseph Hagan; Third Cross Respondent: Des Mitchell
Jurisdiction
Australia
Judgment Date
21 August 1996
Procedural Posture
Civil / Judgment and Orders Following Trial
Outcome
Judgment for applicant against respondents for damages and costs; judgment for cross-respondents against cross-claimants; joint and several liability for costs; no apportionment of costs between respondent groups.
Legal Topics
Measure of Damages, Double Recovery, Costs Apportionment
Damages Costs Measure of Damages Double Recovery Costs Apportionment

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Parties

Zaknic Pty Limited

Applicant

Svelte Corporation Pty Limited

First Respondent

Harry Sialepis

Second Respondent

Crypta Fuels Pty Limited

Third Respondent

Robert Joseph Hagan

Fourth Respondent

Harry Sialepis

First Cross Claimant

Svelte Corporation Pty Limited

Second Cross Claimant

Crypta Fuels Pty Limited

First Cross Respondent

Robert Joseph Hagan

Second Cross Respondent

Des Mitchell

Third Cross Respondent

Procedural Posture

Civil / Judgment and Orders Following Trial

Legal Issues

  1. 1 Whether damages payable under s 82 of the Trade Practices Act should be reduced to prevent double recovery
  2. 2 Whether it is appropriate or possible to apportion costs between respondent groups

Ratio Decidendi

It is appropriate not to reduce damages payable under s 82 of the Trade Practices Act by amounts recovered from other respondents, as to do otherwise would not involve double recovery given the nature of the applicant's claim; apportionment of costs between respondent groups is impracticable and inappropriate in the circumstances of the case.

Court Disposition

Judgment for applicant against respondents for damages and costs; judgment for cross-respondents against cross-claimants; joint and several liability for costs; no apportionment of costs between respondent groups.

Orders

  • Judgment for the applicant against each of the first and second respondents in the sum of $821,884.
  • Judgment for the applicant against the second respondent in the sum of $229,044, such amount to be in addition to the amount referred to in Order 1.