Australian Competition Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163

COSTS – whether costs should be granted on an indemnity basis – whether refusal of Calderbank offer sufficient to warrant indemnity costs Trade Practices Act 1974 (Cth), s 45(2)(b)(i) Federal Court of Australia Act 1976 (Cth), s 43(2) Federal Court Rules,O 62, r 4 Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 72 FCR 151 applied Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 discussed J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers – Western Australian Branch (No 2) (1993) 46 IR 301 cited Davids Holdings Pty Ltd v Coles Myer Ltd (1995) ATPR ¶41-383 discussed John S Hayes & Associates Pty Ltd v Kimberley-Clark Australia Pty Ltd (1994) 52 FCR 201 cited Flemington Properties Pty Ltd v Raine & Horne Commercial Pty Ltd (Lehane J, 11 February 1998, unreported) cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v AMCOR PRINTING PAPERS GROUP LTD & ORS NG 1245 OF 1998 SACKVILLE J 25 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1245 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: AMCOR PRINTING PAPERS GROUP LTD (ACN 005 146 350)

FIRST RESPONDENT

VISY PAPER PTY LTD (ACN 005 803 234)

SECOND RESPONDENT

ANTHONY NOTT

THIRD RESPONDENT

WILLIAM GUTHRIDGE

FOURTH RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 25 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant pay the costs of each of the first to fourth respondents on a party and party basis. 2. The applicant pay the costs of David Roach, previously the fifth respondent, on a party and party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.