Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 454

Australian Competition & Consumer Commission v Black on White Pty Ltd [2004] FCA 454

There were no exceptional circumstances justifying departure from the usual rule and Mr Poteri should pay the ACCC’s costs associated with his unsuccessful motion.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Black on White Pty Ltd (ACN 061 507 248); Second Respondent: Nicki Poteri; Third Respondent: James Nicholas Poteri; Fourth Respondent: Nicholas James Poteri
Jurisdiction
Australia
Judgment Date
21 April 2004
Procedural Posture
Costs Application / Post Judgment Motion
Outcome
Third respondent's amended motion dismissed; costs awarded against third respondent.
Legal Topics
Costs, Bankruptcy, Trade Practices
Civil Procedure Costs Bankruptcy Trade Practices

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

Black on White Pty Ltd (ACN 061 507 248)

First Respondent

Nicki Poteri

Second Respondent

James Nicholas Poteri

Third Respondent

Nicholas James Poteri

Fourth Respondent

Procedural Posture

Costs Application / Post Judgment Motion

Legal Issues

  1. 1 Whether costs should follow the event or whether exceptional circumstances exist to depart from the ordinary rule.

Ratio Decidendi

There were no exceptional circumstances justifying departure from the usual rule and Mr Poteri should pay the ACCC’s costs associated with his unsuccessful motion.

Court Disposition

Third respondent's amended motion dismissed; costs awarded against third respondent.

Orders

  • The third respondent pay the costs of the Australian Competition and Consumer Commission of and incidental to the amended motion filed by him on 21 July 2003, those costs to be taxed if not agreed.