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

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

Although the ACCC succeeded in defending its claims for legal professional privilege, the general and indirect nature of its 'information and belief' evidence justified the NSW Ports parties in challenging those claims and necessitated a full judicial inspection of the documents. This conduct was sufficient to displace the ordinary rule that costs follow the event; accordingly, there should be no order as to costs.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Interlocutory Application in Civil Proceeding / Post Interlocutory Judgment on Costs
Outcome
No order as to costs between the NSW Ports parties and the ACCC.
Legal Topics
['legal Professional Privilege' 'costs in Interlocutory Applications' 'court Discretion in Costs Orders']
['competition Law' 'civil Procedure'] ['legal Professional Privilege' 'costs in Interlocutory Applications' 'court Discretion in Costs Orders']

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Procedural Posture

Interlocutory Application in Civil Proceeding / Post Interlocutory Judgment on Costs

Legal Issues

  1. 1 ['Whether the usual order as to costs should apply following successful defence of claims for legal professional privilege by the ACCC' 'Whether the conduct of the successful party (ACCC) in adducing information and belief evidence justified departure from the ordinary rule on costs']

Ratio Decidendi

Although the ACCC succeeded in defending its claims for legal professional privilege, the general and indirect nature of its 'information and belief' evidence justified the NSW Ports parties in challenging those claims and necessitated a full judicial inspection of the documents. This conduct was sufficient to displace the ordinary rule that costs follow the event; accordingly, there should be no order as to costs.

Court Disposition

No order as to costs between the NSW Ports parties and the ACCC.

Orders

  • ['There be no order as to costs.']