Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 3) [2015] FCA 327

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 3) [2015] FCA 327 Citation: Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 3) [2015] FCA 327

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BREAST CHECK PTY LTD ACN 119 038 274 and ALEXANDRA BOYD

File number: WAD 515 of 2011

Judge: BARKER J

Date of judgment: 9 April 2015

Catchwords: COSTS – whether first respondent entitled to indemnity costs – whether applicant's rejection of first respondent's offer of settlement reasonable – respondents to pay costs of applicant in the proceeding – Court did not accept applicant's argument that pleaded representations were made to section of public – percentage discount in favour of respondents

Cases cited: Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190; [2014] ATPR 42-479 Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068 Australian Competition and Consumer Commission v Harris Scarfe Australia Pty Ltd (No 2) [2009] FCA 433 Black v Lipovac [1998] FCA 699; (1998) 217 ALR 386 Colgate-Palmolive Company & Anor v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 Ford Motor Company of Australia Ltd v Lo Presti [2009] WASCA 115; (2009) 41 WAR 1 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; [2004] ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285