Danks and McCabe (No.3)

In *Danks and McCabe (No.3)*, Judge Hartnett considered allegations of contravention brought by the Applicant against the Respondent. The dispute concerned the Applicant's claims as set out in a further amended application filed on 10 June 2014, specifically relating to Counts 1, 2, 3, and 5.

The primary legal issue before the Court was whether Count 5 of the Applicant's amended application, alleging contravention, had been proven on the balance of probabilities. The Court was also required to determine the appropriate orders for costs in light of its findings.

Judge Hartnett found that the Applicant had failed to prove Count 5 of the further amended application on the balance of probabilities, and accordingly, that allegation was dismissed. The Court ordered that the Applicant pay the Respondent's costs in respect of the remitted proceedings concerning Count 5, fixed at $8,832, with a 90-day stay on payment. Furthermore, the Applicant was ordered to pay the Respondent's costs for the remainder of the further amended application (Counts 1, 2, and 3), fixed at $7,000, also with a 90-day stay on payment.