FEDERAL COURT OF AUSTRALIA Hurley v McDonalds Australia Ltd [1999] FCA 466 JANETTE LYN HURLEY v McDONALDS AUSTRALIA LIMITED Q 194 of 1999 DOWSETT J 14 OCTOBER 1999 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 194 OF 1999 BETWEEN: JANETTE LYN HURLEY Applicant AND: McDONALDS AUSTRALIA LIMITED Respondent JUDGE: DOWSETT DATE OF ORDER: 14 OCTOBER 1999 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The Australian Competition and Consumer Commission pay the respondent's costs of and incidental to the proceedings this morning. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 194 OF 1999 BETWEEN: JANETTE LYN HURLEY Applicant AND: McDONALDS AUSTRALIA LIMITED Respondent JUDGE: DOWSETT DATE: 14 OCTOBER 1999 PLACE: BRISBANE REASONS FOR JUDGMENT 1 When this part-heard action commenced this morning, counsel appeared for the Australian Competition and Consumer Commission (the "ACCC") seeking to join in the current proceedings, bringing in other proceedings commenced by it against the respondent in the Sydney Registry. Those proceedings were transferred to Brisbane on last Friday. Now, as a result of certain indications which I gave this morning, counsel for the ACCC indicates that it does not wish to persevere in the application. The whole of this morning has been consumed with that application which has, in the end, been unsuccessful. In those circumstances, the ACCC should pay the costs of the respondent in the action, of and incidental to the proceedings this morning I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 21 October 1999 Counsel for the Applicant: Mr S S W Couper QC Ms D A Skennar Solicitor for the Applicant: Shine Roche McGowan Counsel for the Respondent: Mr P D M McMurdo QC Mr D Robinson Solicitor for the Respondent: Baker & McKenzie Counsel for the ACCC: Mr P Renehan Solicitor for the ACCC: Australian Government Solicitor Date of Hearing: 14 October 1999 Date of Judgment: 14 October 1999