MasterCard International Incorporated v Reserve Bank of Australia [2003] FCA 1489

FEDERAL COURT OF AUSTRALIA

MasterCard International Incorporated v Reserve Bank of Australia [2003] FCA 1489

PRACTICE AND PROCEDURE - COSTS - COSTS ORDERS - hearing regarding costs orders - general rule that costs follow the event - second cross-respondent in position of any unsuccessful respondent - making submissions that were helpful to the Court not an argument against a costs order - special circumstances making it appropriate to depart from the general rule in respect of the applicant/first cross-respondent and the respondent/cross claimant - order for costs as against second cross respondent - no order as to costs as between applicant/first cross-respondent and respondent/cross-claimant MasterCard International Incorporated v Reserve Bank of Australia [2003] FCA 1260 referred to MASTERCARD INTERNATIONAL INCORPORATED v RESERVE BANK OF AUSTRALIA N1553 OF 2003 TAMBERLIN J SYDNEY 16 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1553 OF 2003

BETWEEN: MASTERCARD INTERNATIONAL INCORPORATED

APPLICANT/FIRST CROSS-RESPONDENT

AND: RESERVE BANK OF AUSTRALIA

RESPONDENT/CROSS-CLAIMANT

EDGAR, DUNN & COMPANY PTY LIMITED

(ACN 078 626 892)

SECOND CROSS-RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The costs of the Reserve Bank of Australia on the cross-claim and of this hearing for costs be paid by the second cross-respondent. 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 N1553 OF 2003

BETWEEN: MASTERCARD INTERNATIONAL INCORPORATED

APPLICANT/FIRST CROSS-RESPONDENT

AND: RESERVE BANK OF AUSTRALIA