Australian Competition & Consumer Commission v MHG Plastic Industries Pty Ltd [2003] FCA 1624

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v MHG Plastic Industries Pty Ltd [2003] FCA 1624 PRACTICE & PROCEDURE – costs – review of reconsideration of taxation – declarations and orders made at first instance – decision reversed on appeal – costs awarded in respect of proceedings at first instance – where Deputy District Registrar disallowed certain items in bill of costs – disallowed items described as costs of administration under a deed of administration and costs of executing orders at first instance – whether the disallowed items 'costs of and incidental to' the proceeding WORDS & PHRASES – 'costs of and incidental to'

Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 62 rr 19, 42, 43, 44 Supreme Court Act 1970 (NSW) s 76 Supreme Court Rules 1970 (NSW) Pt 52 r 23

Australian Competition & Consumer Commission v MHG Plastic Industries Pty Ltd [1999] FCA 970 cited Cachia v Hanes (1994) 179 CLR 403 cited Comcare v Labathas (1995) 133 ALR 744 cited Federal Commissioner of Land Tax v Jowett (1930) 45 CLR 115 cited MHG Plastic Industries Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 1069 cited MHG Plastic Industries Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 1419 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION v MHG PLASTIC INDUSTRIES PTY LTD N418 OF 1999 EMMETT J 15 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N418 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: MHG PLASTIC INDUSTRIES PTY LTD

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 15 DECEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the costs of the respondent as between party and party be taxed and allowed in the sum of $239,762.00; 2. the respondent pay the applicant's costs of the notice of motion filed on 23 June 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.