Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singtel Optus Pty Limited v Unwired Australia Pty Limited [2004] FCA 1646
COSTS – alleged misleading and deceptive conduct – proceedings settled on first day of hearing on a final basis – inter partes undertakings – correspondence between the parties from period before proceedings commenced and up to day before final hearing – whether unreasonable for applicant to have commenced or continued with proceedings – whether unreasonable for respondent to defend proceedings – respondent put applicant to unnecessary proof of factual issue in proceedings fixed for urgent final hearing
Trade Practices Act 1974 (Cth)
Anderson the Secretary of the Department of Veteran Affairs [2004] FCA 1594 cited Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641 referred to Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 cited SINGTEL OPTUS PTY LIMITED ACN 052 833 208 v UNWIRED AUSTRALIA PTY LIMITED ACN 094 107 589 NSD 1578 of 2004 MOORE J 16 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1578 OF 2004
BETWEEN: SINGTEL OPTUS PTY LIMITED ACN 052 833 208
APPLICANT
AND: UNWIRED AUSTRALIA PTY LIMITED ACN 094 107 589
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 16 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent pay the applicant its costs in relation to the preparation and filing of the affidavits of:
(i) Carl Ruppin affirmed 17 November 2004
(ii) Andrew Brooks affirmed 19 November 2004
(iii) Mary-Anne Hancock affirmed 19 November 2004
(iv) Tracey Fawcett affirmed 19 November 2004
2. Otherwise there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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