CrownBet Pty Ltd v Australian Competition Tribunal (No 2) [2017] FCAFC 160

CrownBet Pty Ltd v Australian Competition Tribunal (No 2) [2017] FCAFC 160

As the applicant was unsuccessful in all grounds, and was not a necessary party to the related ACCC application, the usual order applies and it must pay the respondents' costs; similarities in grounds do not justify a different costs order.

Parties
Applicant: CrownBet Pty Ltd; First Respondent: Australian Competition Tribunal; Second Respondent: Tabcorp Holdings Limited; Third Respondent: Tatts Group Limited
Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Judicial Review / Costs Decision After Dismissal of Application
Outcome
Application for judicial review had already been dismissed. Applicant ordered to pay respondents' costs.
Legal Topics
Costs, Disposition of Unsuccessful Application
Competition Law Judicial Review Costs Disposition of Unsuccessful Application

Case Brief

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Parties

CrownBet Pty Ltd

Applicant

Australian Competition Tribunal

First Respondent

Tabcorp Holdings Limited

Second Respondent

Tatts Group Limited

Third Respondent

Procedural Posture

Judicial Review / Costs Decision After Dismissal of Application

Legal Issues

  1. 1 Whether costs should be ordered against unsuccessful applicant in judicial review
  2. 2 Whether unique circumstances justified departure from usual costs order

Ratio Decidendi

As the applicant was unsuccessful in all grounds, and was not a necessary party to the related ACCC application, the usual order applies and it must pay the respondents' costs; similarities in grounds do not justify a different costs order.

Court Disposition

Application for judicial review had already been dismissed. Applicant ordered to pay respondents' costs.

Orders

  • The applicant pay the respondents' costs, as agreed or taxed.