Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No 2) [2017] FCAFC 168 Appeal from: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 453
File number: QUD 408 of 2016
Judges: MIDDLETON, BEACH AND MOSHINSKY JJ
Date of judgment: 26 October 2017
Catchwords: COSTS – Court's discretion as to costs – applicable principles – where appellant succeeded on two grounds of appeal but was unsuccessful on a ground that occupied substantial time on the hearing of the appeal – where appellant accepted that some reduction in the costs that would otherwise be ordered was appropriate
Legislation: Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) (2015) 327 ALR 192 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Oshlack v Richmond River Council (1998) 193 CLR 72 Queensland North Australia Pty Ltd v Takeovers Panel (No 2) (2015) 236 FCR 370 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229
Date of hearing: Determined on the papers
Date of last submissions: 19 October 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 10
Counsel for the Appellant: Mr M Hodge and Ms C Schneider
Solicitor for the Appellant: Australian Government Solicitor
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