Australian Competition & Consumer Commission v Boral Ltd (No 2) [1999] FCA 1641

FEDERAL COURT OF AUSTRALIA

ACCC v Boral Limited (No.2) [1999] FCA 1641 PRACTICE AND PROCEDURE – costs – unsuccessful application alleging contravention of s 46 Trade Practices Act 1974 (Cth) – whether indemnity costs should be ordered – detailed submissions by respondent before and after commencement of proceedings – rejection of offer of compromise – whether apportionment of costs – respondents unsuccessful on some issues – nature of Pt IV proceedings

Federal Court of Australia Act 1976 (Cth) s 43 Trade Practices Act 1974 (Cth) s 46

Re Wilcox; ex parte Venture Industries Pty Ltd (1996) 141 ALR 727 at 732-33 applied Abbott v Random House Australia Pty Ltd [1999] FCA 1540 at 4 mentioned Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 applied Hughes v Western Australian Cricket Association (1986) ATPR 48,134 at 48,136 applied

Inn Leisure Industries Pty Ltd v D F McCloy Pty Ltd (No.2) (1991) 28 FCR 172 mentioned

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BORAL LIMITED and BORAL BESSER MASONRY LTD (NO. 2) NO. V79 OF 1998 JUDGE: HEEREY J DATE: 26 NOVEMBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V79 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: BORAL LIMITED (ACN 000 051 696)

First Respondent

BORAL BESSER MASONRY LTD (ACN 000 223 718)

Second Respondent

JUDGE: HEEREY J

DATE OF ORDER: 26 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The applicant pay the respondents' costs to be taxed, including reserved costs, save for the costs of and incidental to the hearing on 15 November 1999, which costs shall be reduced by one half. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.