Capital Duplicators Pty Ltd & Anor v Australian Capital Territory
Case
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[1992] HCATrans 305
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AGLC
Case
Decision Date
Capital Duplicators Pty Ltd & Anor v Australian Capital Territory [1992] HCATrans 305
[1992] HCATrans 305
CaseChat Overview and Summary
In the High Court of Australia, Capital Duplicators Pty Ltd and Luhaze ACT Pty Ltd (the plaintiffs) sought orders for costs and directions regarding the future conduct of their action against the Australian Capital Territory. The proceedings were before Brennan J.
The legal issues before the Court concerned the plaintiffs' application for costs in relation to a prior application, and the future management of the substantive action. The Court was required to determine how these matters should be addressed.
Brennan J indicated that an application for costs could not be determined orally at that time but could be made in writing to the Registrar within seven days, provided it was served on the opposing party, who would then have a further seven days to respond. Regarding the future conduct of the action, the Court suggested that an application for leave could be made to list the matter for further directions within the next two to three weeks. The matter was subsequently adjourned sine die.
The legal issues before the Court concerned the plaintiffs' application for costs in relation to a prior application, and the future management of the substantive action. The Court was required to determine how these matters should be addressed.
Brennan J indicated that an application for costs could not be determined orally at that time but could be made in writing to the Registrar within seven days, provided it was served on the opposing party, who would then have a further seven days to respond. Regarding the future conduct of the action, the Court suggested that an application for leave could be made to list the matter for further directions within the next two to three weeks. The matter was subsequently adjourned sine die.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
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