Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 1542

Federal Court of Australia

Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 1542 File number: NSD 2289 of 2018

Judgment of: WIGNEY J

Date of judgment: 23 October 2020

Catchwords: COSTS – interlocutory application challenging claims for legal professional privilege – where privilege claims of Australian Competition and Consumer Commission ('ACCC') upheld – where ACCC sought order that costs should follow the event – where party challenging the privilege claims sought no order as to costs – ordinary rule that a successful party in litigation is entitled to an award of costs in its favour – ordinary rule subject to certain limited exceptions – whether ordinary rule should apply

Legislation: Competition and Consumer Act 2010 (Cth) s 45

Cases cited: Anglo-Cyprian Trade Agencies Ltd v Paphod Wine Industries Ltd [1951] 1 All ER 873 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1232 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No 2) [2015] FCAFC 124 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Moseley v AB (No 2) [2017] NSWSC 1812 Northern Territory v Sangare (2019) 265 CLR 164 Oshlack v Richmond River Council (1998) 193 CLR 72 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256; 288 ALR 385