Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd [2024] FCA 999 File number(s): NSD 401 of 2022
Judgment of: WIGNEY J
Date of judgment: 2 September 2024
Catchwords: EVIDENCE – judicial notice – whether judicial notice can be taken of statistical information under Reserve Bank Act 1959 (Cth) s 85A(1) – meaning of "statistical information" – whether the statistical information must be incontestable – effect of taking judicial notice – judicial notice taken.
Legislation: Competition and Consumer Act 2010 (Cth) s 46(1) Evidence Act 1995 (Cth) s 192A Federal Court of Australia Act 1976 (Cth) s 23 Financial Laws Amendment Act 1997 (Cth) Financial Laws Amendment Bill 1996 (Cth) Reserve Bank Act 1959 (Cth) s 85A
Cases cited: Auckland City Council v Hapimana [1976] 1 NZLR 731 Gattellaro v Westpac Banking Corporation [2004] HCA 6; (2004) ALJR 394 Holland v Jones [1917] HCA 26; (1917) 23 CLR 149 McGregor v McGregor (2012) 47 Fam LR 498; [2012] FamCAFC 69
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Number of paragraphs: 64
Date of hearing: 14 August 2024
Counsel for the Applicant: Mr J Arnott SC with Ms C Bembrick
Solicitor for the Applicant: Johnson Winter & Slattery
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