Australian Competition & Consumer Commission v 4WD Systems Pty Ltd [2003] FCA 1090

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v 4WD Systems Pty Ltd

[2003] FCA 1090

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v 4WD SYSTEMS PTY LTD ACN 008 134 861 & ORS No S170 of 2001 SELWAY J 10 OCTOBER 2003 DARWIN (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 170 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: 4WD SYSTEMS PTY LTD ACN 008 134 861

FIRST RESPONDENT

4WD SYSTEMS AUSTRALIA PTY LTD ACN 085 343 219

SECOND RESPONDENT

RALEIGH JULIAN HOBERG

THIRD RESPONDENT

THOMAS DAVID HEWITSON

FOURTH RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 10 OCTOBER 2003

WHERE MADE: DARWIN (HEARD IN ADELAIDE)

THE COURT ORDERS THAT:

1. the first, second and third respondents pay 50 per cent of the applicant's costs of the proceedings the amount of such costs to be taxed in the absence of agreement;

2. no order is made in relation to the costs of the fourth respondent;

3. any previous orders for costs in these proceedings are vacated. Any costs in relation to which previous orders have been made in favour of the applicant are included in the applicant's costs for the purpose of order 1.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 170 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: 4WD SYSTEMS PTY LTD ACN 008 134 861