Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 454

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 454 COSTS – ordinary costs to follow the event – whether exceptional circumstances exist Federal Court of Australia Act 1976 (Cth) s 43 Trade Practices Act 1974 (Cth) Bankruptcy Act 1966 (Cth) Federal Court Rules O 35 r 7 Hughes v Western Australian Cricket Association (Inc.) (1986) ATPR 40-748 cited Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BLACK ON WHITE PTY LTD (ACN 061 507 248) and OTHERS No QG 110 of 1997 SPENDER J BRISBANE 21 APRIL 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 110 OF 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: BLACK ON WHITE PTY LTD (ACN 061 507 248)

FIRST RESPONDENT

NICKI POTERI

SECOND RESPONDENT

JAMES NICHOLAS POTERI

THIRD RESPONDENT

NICHOLAS JAMES POTERI

FOURTH RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 21 APRIL 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: The third respondent pay the costs of the Australian Competition and Consumer Commission of and incidental to the amended motion filed by him on 21 July 2003, those costs to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 110 OF 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: BLACK ON WHITE PTY LTD (ACN 061 507 248)

FIRST RESPONDENT

NICKI POTERI

SECOND RESPONDENT

JAMES NICHOLAS POTERI

THIRD RESPONDENT