Trade Practices Commission v. TNT Management Pty Ltd & Ors [1985] FCA 133

Trade Practices Commission v. TNT Management Pty Ltd & Ors [1985] FCA 133

Due to the defendants' conduct on certain issues, especially unsuccessful objections regarding minutes and arrangements, and the Commission's partial success, it is a proper exercise of judicial discretion to abate costs, ordering the plaintiff to pay eighty-five percent of costs (including reserved costs) to all defendants except the fourth, who is paid full costs.

Parties
Plaintiff: Trade Practices Commission; First Defendant: T.N.T. Management Pty. Limited; Second Defendant: Brambles Holdings Limited; Third Defendant: Mayne Nickless Limited; Fourth Defendant: Youngs Transport Pty. Limited; Fifth Defendant: Ansett Transport Industries (Operations) Pty. Limited; Sixth Defendant: Express Freight Pty. Limited; Seventh Defendant: Associated Steamships Pty. Limited; Eighth Defendant: Eslea Holdings Limited, formerly Ipec Holdings Limited; Ninth Defendant: Roadswift Transport Pty. Limited, formerly Interstate Parcel Express Co. Pty. Limited
Jurisdiction
Australia
Judgment Date
01 March 1985
Procedural Posture
Civil, Penalty Proceedings / Costs Determination After Judgment
Outcome
Plaintiff ordered to pay costs as specified.
Legal Topics
Costs, Award of Costs, Penalties, Arrangement or Understanding
Trade Practices Competition Law Civil Procedure Costs Award of Costs Penalties Arrangement or Understanding

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Parties

Trade Practices Commission

Plaintiff

T.N.T. Management Pty. Limited

First Defendant

Brambles Holdings Limited

Second Defendant

Mayne Nickless Limited

Third Defendant

Youngs Transport Pty. Limited

Fourth Defendant

Ansett Transport Industries (Operations) Pty. Limited

Fifth Defendant

Express Freight Pty. Limited

Sixth Defendant

Associated Steamships Pty. Limited

Seventh Defendant

Eslea Holdings Limited, formerly Ipec Holdings Limited

Eighth Defendant

Roadswift Transport Pty. Limited, formerly Interstate Parcel Express Co. Pty. Limited

Ninth Defendant

Procedural Posture

Civil, Penalty Proceedings / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the plaintiff's conduct or success on certain issues justifies abatement of costs owed to successful defendants
  2. 2 Whether reserved costs should be treated as costs in the proceedings

Ratio Decidendi

Due to the defendants' conduct on certain issues, especially unsuccessful objections regarding minutes and arrangements, and the Commission's partial success, it is a proper exercise of judicial discretion to abate costs, ordering the plaintiff to pay eighty-five percent of costs (including reserved costs) to all defendants except the fourth, who is paid full costs.

Court Disposition

Plaintiff ordered to pay costs as specified.

Orders

  • The Trade Practices Commission pay eighty-five percent of the costs, including any reserved costs, of each defendant except the fourth defendant, which shall be paid its costs.