J McPhee & Son (Australia) Pty Ltd v Australian Competition & Consumer Commission [2000] FCA 754

J McPhee & Son (Australia) Pty Ltd v Australian Competition & Consumer Commission [2000] FCA 754

Although the appellants were successful in a significant respect on the amount of penalties, most of the hearing and a substantial part of the written submissions concerned liability and contraventions of the Act, on which the appellants were unsuccessful; accordingly the appropriate order was that the appellants pay 90% of the respondent's costs of the appeal including reserved costs.

Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Appeal; Costs Determination / Determination of Costs of the Appeal After Written Submissions
Outcome
The appellants were ordered to pay 90% of the respondent's costs of the appeal including reserved costs.
Legal Topics
['apportionment of Costs' 'costs Following the Event' 'pecuniary Penalties' 'trade Practices Act Contraventions']
['competition and Consumer Law' 'civil Procedure' 'costs'] ['apportionment of Costs' 'costs Following the Event' 'pecuniary Penalties' 'trade Practices Act Contraventions']

Case Brief

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Procedural Posture

Appeal; Costs Determination / Determination of Costs of the Appeal After Written Submissions

Legal Issues

  1. 1 ["Whether the costs of the appeal should follow the event or be apportioned to reflect the appellants' partial success on penalties." "Whether the appellants should pay all or no less than 90% of the respondent's costs of the appeal." 'Whether any allowance should be made because the fifth appellant did not appeal against penalty.']

Ratio Decidendi

Although the appellants were successful in a significant respect on the amount of penalties, most of the hearing and a substantial part of the written submissions concerned liability and contraventions of the Act, on which the appellants were unsuccessful; accordingly the appropriate order was that the appellants pay 90% of the respondent's costs of the appeal including reserved costs.

Court Disposition

The appellants were ordered to pay 90% of the respondent's costs of the appeal including reserved costs.

Orders

  • ["The appellants pay 90% of the respondent's costs of the appeal including reserved costs."]