Australian Consumer & Competition Commission v Contact Plus Group Pty Ltd (in liq) [2006] FCA 396

FEDERAL COURT OF AUSTRALIA

Australian Consumer & Competition Commission v Contact Plus Group Pty Ltd (in liq) [2006] FCA 396

PRACTICE AND PROCEDURE – costs – proceeding finalised by making of consent orders – whether second respondent should be liable for applicant's costs – extent to which applicant successful in obtaining relief sought at commencement of proceedings – whether applicant acted reasonably before and during litigation Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 referred to Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 referred to One.Tel Limited v Commissioner of Taxation (2000) 101 FCR 548 referred to Smith v Airservices Australia (2005) 146 FCR 37 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CONTACT PLUS GROUP PTY LTD (IN LIQUIDATION) (ACN 086 261 798), ARTHUR GRAHAM SPENCER and CPG RECRUITMENT PTY LTD (ACN 100 386 892) VID 964 OF 2004 WEINBERG J 11 APRIL 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 964 OF 2004

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: CONTACT PLUS GROUP PTY LTD (IN LIQUIDATION) (ACN 086 261 798) FIRST RESPONDENT ARTHUR GRAHAM SPENCER SECOND RESPONDENT CPG RECRUITMENT PTY LTD (ACN 100 386 892)

THIRD RESPONDENT JUDGE: WEINBERG J

DATE OF ORDER: 11 APRIL 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The second respondent pay the applicant's costs of this proceeding, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 964 OF 2004