Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2005] FCA 860

Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2005] FCA 860

Neither party displayed unreasonable conduct justifying indemnity costs or departure from the usual costs order; the applicant pays the first respondent’s costs (except costs of the argument about costs), each bears their own costs as to the costs argument.

Jurisdiction
Australia
Judgment Date
29 June 2005
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Costs order made against the applicant, otherwise parties to bear their own costs regarding argument as to costs.
Legal Topics
['costs' 'offer of Compromise' 'market Definition' 'indemnity Costs' 'model Litigant']
['competition Law' 'civil Procedure'] ['costs' 'offer of Compromise' 'market Definition' 'indemnity Costs' 'model Litigant']

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether the first respondent is entitled to indemnity costs from 23 December 2002' 'Whether costs in relation to the market definition issue should be varied from the usual order']

Ratio Decidendi

Neither party displayed unreasonable conduct justifying indemnity costs or departure from the usual costs order; the applicant pays the first respondent’s costs (except costs of the argument about costs), each bears their own costs as to the costs argument.

Court Disposition

Costs order made against the applicant, otherwise parties to bear their own costs regarding argument as to costs.

Orders

  • ["The applicant pay the first respondent's costs, other than the costs of the argument as to costs." 'Each of the applicant and the first respondent pay its own costs of the argument as to costs.']