Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Australian Competition Tribunal (No 2) [2009] FCAFC 34
COSTS – application to re-open the question of costs after order made – application refused Telstra Corporation Limited v Australian Competition Tribunal [2009] FCAFC 23 related Australian Competition and Consumer Commission v Daniels Corporation Pty Ltd [2001] FCA 936 applied TELSTRA CORPORATION LIMITED (ACN 051 775 556) v AUSTRALIAN COMPETITION TRIBUNAL, CHIME COMMUNICATIONS PTY LIMITED (ACN 073 119 285), AAPT LIMITED (ACN 052 082 416), AGILE PTY LTD (ACN 080 855 321), MACQUARIE TELECOM PTY LIMITED (ACN 082 930 916), POWERTEL LIMITED (ACN 001 760 103), PRIMUS TELECOMMUNICATIONS PTY LIMITED (ACN 071 191 396) and AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
NSD 30 of 2009
JACOBSON, LANDER AND FOSTER JJ
20 MARCH 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 30 of 2009
BETWEEN: TELSTRA CORPORATION LIMITED (ACN 051 775 556)
Applicant
AND: AUSTRALIAN COMPETITION TRIBUNAL
First Respondent
CHIME COMMUNICATIONS PTY LIMITED (ACN 073 119 285)
Second Respondent
AAPT LIMITED (ACN 052 082 416)
Third Respondent
AGILE PTY LTD (ACN 080 855 321)
Fourth Respondent
MACQUARIE TELECOM PTY LIMITED (ACN 082 930 916)
Fifth Respondent
POWERTEL LIMITED (ACN 001 760 103)
Sixth Respondent
PRIMUS TELECOMMUNICATIONS PTY LIMITED (ACN 071 191 396)
Seventh Respondent
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Eighth Respondent
JUDGES: JACOBSON, LANDER AND FOSTER JJ
DATE OF ORDER: 20 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application made by the second to seventh respondents to vary the costs order made by the Court on 11 March 2009 (the costs order) be refused. 2. The costs of the application referred to in par 1 above be part of the costs payable to the applicant pursuant to the costs order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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