Australian Competition & Consumer Commission v Davis & Others [2003] FCA 1458

Australian Competition & Consumer Commission v Davis & Others [2003] FCA 1458

The sixth respondent is to pay so much of the applicant's costs as relate to issues on which orders were made against him, restricted to those matters at trial. No costs order is appropriate as between the applicant and the seventh and eighth respondents because the compromise offer was not equivalent and the applicant established less than its pleaded case.

Parties
Applicant: Australian Competition and Consumer Commission; Sixth Respondent: Wayne Hina Davis; Seventh Respondent: Anthony Terence Matthews; Eighth Respondent: Edward Davis
Jurisdiction
Australia
Judgment Date
11 December 2003
Procedural Posture
Civil / Costs Determination Post Final Orders
Outcome
costs partially awarded to applicant against sixth respondent; no order as to costs between applicant and seventh and eighth respondents
Legal Topics
Cost Orders, Offers to Compromise
Competition Law Cost Orders Offers to Compromise

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

Wayne Hina Davis

Sixth Respondent

Anthony Terence Matthews

Seventh Respondent

Edward Davis

Eighth Respondent

Procedural Posture

Civil / Costs Determination Post Final Orders

Legal Issues

  1. 1 Should the sixth respondent pay the applicant's costs, and should there be costs orders between the applicant and the seventh and eighth respondents?

Ratio Decidendi

The sixth respondent is to pay so much of the applicant's costs as relate to issues on which orders were made against him, restricted to those matters at trial. No costs order is appropriate as between the applicant and the seventh and eighth respondents because the compromise offer was not equivalent and the applicant established less than its pleaded case.

Court Disposition

costs partially awarded to applicant against sixth respondent; no order as to costs between applicant and seventh and eighth respondents

Orders

  • The sixth respondent pay so much of the applicant's costs as relate to the sixth respondent, confined to those issues on which the applicant sought and obtained orders against the sixth respondent.
  • Otherwise, there be no order as to costs.