Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237

Federal Court of Australia Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237 Appeal from: Application for leave to appeal: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd [2024] FCA 999

File number: NSD 1276 of 2024

Judgment of: LEE J

Date of judgment: 17 October 2024

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where primary judge took judicial notice of statistical information contained in publications published by the RBA – s 85A of the Reserve Bank Act 1959 (Cth) – meaning of "judicial notice" – where applicant contends judicial notice can be taken only of incontrovertible facts – s 144 of the Evidence Act 1995 (Cth) – second Décor limb – observations as to interfering with orders as to practice and procedure – extent of alleged prejudice – where no substantial injustice demonstrated by refusal of leave – application dismissed with costs – orders made

Competition and Consumer Act 2010 (Cth) ss 45, 46, 47 Legislation: Evidence Act 1995 (Cth) Pt 3.11, ss 144, 192A Federal Court of Australia Act 1976 (Cth) Pt VB, s 37M(3) Reserve Bank Act 1959 (Cth) ss 79A, 85A

Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd [2024] FCA 999 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 In re the Will of F. B. Gilbert (Deceased) (1946) 46 SR (NSW) 318 Cases cited: Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2017] FCAFC 98; (2017) 252 FCR 1 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139; (2010) 81 ATR 36 Rich v Australian Securities & Investments Commission [2005] NSWCA 233