FEDERAL COURT OF AUSTRALIA Optus Mobile Pty Limited v Hutchison 3G Australia Pty Limited [2003] FCA 1243 OPTUS MOBILE PTY LIMITED v HUTCHISON 3G AUSTRALIA PTY LIMITED N 724 of 2003 ALLSOP J 7 NOVEMBER 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 724 of 2003 BETWEEN: OPTUS MOBILE PTY LIMITED APPLICANT AND: HUTCHISON 3G AUSTRALIA PTY LIMITED RESPONDENT JUDGE: ALLSOP J DATE OF ORDER: 7 NOVEMBER 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The respondent pay the applicant's costs of the interlocutory hearing and its preparation. 2. The respondent pay one half of the applicant's costs of the final hearing. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 724 of 2003 BETWEEN: OPTUS MOBILE PTY LIMITED APPLICANT AND: HUTCHISON 3G AUSTRALIA PTY LIMITED RESPONDENT JUDGE: ALLSOP J DATE: 7 NOVEMBER 2003 PLACE: SYDNEY REASONS FOR JUDGMENT 1 On 4 July 2003 and 19 September 2003 I made orders in this matter. 2 In my reasons of 19 September 2003 I indicated at [86] and [87] that I would hear the parties on costs but that I was minded to require the respondent to pay all the costs of the interlocutory hearing and its preparation and one half of the applicant's costs of the final hearing. 3 The parties filed written submissions in relation to costs. Those submissions will remain with the file. 4 I do not think that any fine distinctions need be made in this case. Nor do I think that the question of costs here involves any question of principle. 5 I am unpersuaded that I should move from my preliminary view expressed on 19 September 2003 for the reasons I then briefly gave. The orders of the Court will be: 1. The respondent to pay the applicant's costs of the interlocutory hearing and its preparation. 2. The respondent to pay one half of the applicant's costs of the final hearing. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. Associate: Dated: 7 November 2003 Counsel for the Applicant: Mr J T Gleeson SC Mr M Darke Solicitor for the Applicant: Minter Ellison Counsel for the Respondent: Mr S Finch SC Mr R Cobden Solicitor for the Respondent: Allens Arthur Robinson Date of Hearing: 19 June 2003 Date of Judgment: 7 November 2003