Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Harris Scarfe Australia Pty Ltd (No 2) [2009] FCA 433
COSTS – Calderbank offer made by respondent – applicant's failure to accept offer not unreasonable – consideration of circumstances in which offer made, conduct and nature of proceedings and orders sought by applicant Held: applicant awarded 80% of its costs on the usual party and party basis
Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth)
Australian Competition and Consumer Commission v Harris Scarfe Australia Pty Ltd [2009] FCA 54 referred to Calderbank v Calderbank [1975] 3 All ER 333 referred to Australian Competition and Consumer Commission v Danoz Direct Pty Ltd [2003] FCA 1580 referred to Inspector-General in Bankruptcy v Bradshaw (No 2) [2006] FCA 383 referred to Australian Competition and Consumer Commission v Black on White Pty Ltd [2002] FCA 1605 referred to Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 referred to Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1980) 148 CLR 150 referred to Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 referred to Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 referred to
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HARRIS SCARFE AUSTRALIA PTY LTD (ACN 095 018 803)
SAD 155 of 2007
MANSFIELD J
8 MAY 2009
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 155 of 2007
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: HARRIS SCARFE AUSTRALIA PTY LTD
(ACN 095 018 803)
Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 8 MAY 2009
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The respondent to pay to the applicant 80% of its costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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