Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 3) [2015] FCA 327

Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 3) [2015] FCA 327

Indemnity costs are not warranted as the applicant did not act unreasonably in rejecting the settlement offer at the relevant time; however, because the Court found Dr Boyd’s patients did not constitute the section of the public as pleaded, a 15% discount on costs payable to the applicant is appropriate.

Jurisdiction
Australia
Judgment Date
09 April 2015
Procedural Posture
Civil / Costs Determination Following Substantive Judgment and Penalty Orders
Outcome
Respondents to pay costs of applicant, reduced by 15%
Legal Topics
['costs' 'indemnity Costs' 'offers of Settlement' 'misleading and Deceptive Conduct']
['competition and Consumer Law' 'civil Procedure'] ['costs' 'indemnity Costs' 'offers of Settlement' 'misleading and Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Costs Determination Following Substantive Judgment and Penalty Orders

Legal Issues

  1. 1 ['Whether the first respondent is entitled to indemnity costs following an offer of settlement' 'Whether the applicant’s rejection of the offer of settlement was reasonable or unreasonable' 'Whether costs payable to the applicant should be reduced due to the outcome regarding certain pleaded representations']

Ratio Decidendi

Indemnity costs are not warranted as the applicant did not act unreasonably in rejecting the settlement offer at the relevant time; however, because the Court found Dr Boyd’s patients did not constitute the section of the public as pleaded, a 15% discount on costs payable to the applicant is appropriate.

Court Disposition

Respondents to pay costs of applicant, reduced by 15%

Orders

  • ['The respondents pay the costs of the applicant in the proceeding.' 'The costs payable be as taxed but reduced by 15%, unless otherwise agreed.']