Federal Court of Australia
Federal Court of Australia
Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 1431 File number: NSD 636 of 2020
Judgment of: YATES J
Date of judgment: 2 October 2020
Catchwords: COSTS – application for indemnity costs following dismissal of application for leave to appeal – whether applicant failed unreasonably to accept an offer of compromise
Legislation: Competition and Consumer Act 2010 (Cth) s 83(1) Federal Court Rules 2011 (Cth) r 25.14(2)
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1334
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Number of paragraphs: 19
Date of last submissions: 23 September 2020 (Respondents) 30 September 2020 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr K Pettit SC
Solicitor for the Applicant: ERA Legal
Counsel for the Respondents: Mr B Lim
Solicitor for the Respondents: Gilbert + Tobin
ORDERS NSD 636 of 2020
BETWEEN: MAYFIELD DEVELOPMENT CORPORATION PTY LTD (ACN 154 495 048) Applicant
AND: NSW PORTS OPERATIONS HOLD CO PTY LTD (ACN 163 262 351) First Respondent
PORT BOTANY OPERATIONS PTY LTD (ACN 161 204 342) Second Respondent
PORT KEMBLA OPERATIONS PTY LTD (ACN 161 246 582) Third Respondent
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