Australian Competition and Consumer Commission v P.T. Garuda Indonesia Limited [2015] FCA 451

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v P.T. Garuda Indonesia Limited [2015] FCA 451 Citation: Australian Competition and Consumer Commission v P.T. Garuda Indonesia Limited [2015] FCA 451

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LIMITED (ARBN 000 861 165)

File number: NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 13 May 2015

Cases cited: Australian Competition and Consumer Commission v Air New Zealand Ltd (No 14) [2015] FCA 378

Date of hearing: Heard on the papers

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 5

Solicitor for the Applicant: Australian Government Solicitor

Solicitor for the Respondent: Norton White

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 955 of 2009

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: P.T. GARUDA INDONESIA LIMITED (ARBN 000 861 165)

Respondent

JUDGE: PERRAM J DATE OF ORDER: 13 MAY 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. For the purposes of orders 2 and 3 below, all costs of the Respondent that were incurred with respect to issues or matters that were common to both the case that the Applicant brought against the Respondent relating to alleged collusive behaviour in Hong Kong and the case that the Applicant brought against the Respondent relating to alleged collusive behaviour in Indonesia are to be split evenly between the two cases. 2. The Applicant is to pay the Respondent's costs of the case that the Applicant brought against the Respondent relating to alleged collusive behaviour in Hong Kong. 3. The Applicant is to pay 20% of the Respondent's costs of the case that the Applicant brought against the Respondent relating to alleged collusive behaviour in Indonesia. 4. The Respondent is to pay half the Applicant's costs of and incidental to the application for costs heard on 4 February 2015. 5. The Applicant is to pay the Respondent's costs of proving the truth of any fact or the authenticity of any document which the Applicant had disputed in a Notice of Dispute served under r 22.02 of the Federal Court Rules 2011 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.