Australian Competition and Consumer Commission v INFO4PC.com Pty Ltd [2005] FCA 1510

Australian Competition and Consumer Commission v INFO4PC.com Pty Ltd [2005] FCA 1510

The motion failed because the second respondent was properly joined as a person alleged to be knowingly concerned in the first respondent's contraventions, had participated in the litigation since joinder, and had not ceased to be a proper or necessary party; the erroneous inclusion of some items in the bill of costs was a taxation issue and did not fall within established categories of contempt, with no evidence of wilfulness; and the Federal Court Rules provided no power or foundation to strike out the bill of costs. Costs followed the event, but indemnity costs were refused because the Court was not satisfied that the unrepresented second respondent should have known he had no chance...

Jurisdiction
Australia
Judgment Date
26 October 2005
Procedural Posture
Notice of Motion in Federal Court Proceeding Seeking Removal of the Second Respondent as a Party, Punishment of the Applicant for Contempt, and Striking Out of the Applicant's Bill of Costs / Determination of the Second Respondent's Notice of Motion Dated 8 July 2005
Outcome
The second respondent's notice of motion was dismissed, and he was ordered to pay the applicant's costs on the motion on the usual basis.
Legal Topics
['removal of Party for Improper or Unnecessary Joinder' 'civil Contempt' 'bill of Costs' 'indemnity Costs' 'litigant in Person']
['civil Procedure' 'contempt of Court' 'costs'] ['removal of Party for Improper or Unnecessary Joinder' 'civil Contempt' 'bill of Costs' 'indemnity Costs' 'litigant in Person']

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Procedural Posture

Notice of Motion in Federal Court Proceeding Seeking Removal of the Second Respondent as a Party, Punishment of the Applicant for Contempt, and Striking Out of the Applicant's Bill of Costs / Determination of the Second Respondent's Notice of Motion Dated 8 July 2005

Legal Issues

  1. 1 ['Whether the second respondent had been improperly or unnecessarily joined as a party or had ceased to be a proper or necessary party under FCR O 6 r 9.' "Whether inclusion of irrelevant items in the applicant's bill of costs constituted contempt of court." "Whether the Court could strike out the applicant's bill of costs." 'Whether the applicant should receive indemnity costs on the notice of motion.']

Ratio Decidendi

The motion failed because the second respondent was properly joined as a person alleged to be knowingly concerned in the first respondent's contraventions, had participated in the litigation since joinder, and had not ceased to be a proper or necessary party; the erroneous inclusion of some items in the bill of costs was a taxation issue and did not fall within established categories of contempt, with no evidence of wilfulness; and the Federal Court Rules provided no power or foundation to strike out the bill of costs. Costs followed the event, but indemnity costs were refused because the Court was not satisfied that the unrepresented second respondent should have known he had no chance...

Court Disposition

The second respondent's notice of motion was dismissed, and he was ordered to pay the applicant's costs on the motion on the usual basis.

Orders

  • ["The second respondent's notice of motion dated 8 July 2005 be dismissed." "The second respondent pay the applicant's costs on the motion."]