Trade Practices Commission v CC (New South Wales) Pty Ltd & Ors [1995] FCA 625

Trade Practices Commission v CC (New South Wales) Pty Ltd & Ors [1995] FCA 625

The applicant was wholly successful on the issues that occupied the hearing, and neither the narrowing of categories sought nor the exclusion of s 155 documents displaces the usual rule that costs follow the event; therefore, the respondents must pay the applicant's costs of the motion.

Jurisdiction
Australia
Judgment Date
10 August 1995
Procedural Posture
Motion for Discovery / Costs Decision After Determination of Discovery Motions
Outcome
Respondents to the Commission's motion for discovery to pay costs of that motion.
Legal Topics
['discovery' 'costs' 'trade Practices Act']
['competition Law' 'civil Procedure'] ['discovery' 'costs' 'trade Practices Act']

Case Brief

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Procedural Posture

Motion for Discovery / Costs Decision After Determination of Discovery Motions

Legal Issues

  1. 1 ["Whether the respondents should pay the applicant's costs of the motion for discovery" 'Whether the result of applicant not obtaining discovery in full should affect the costs order']

Ratio Decidendi

The applicant was wholly successful on the issues that occupied the hearing, and neither the narrowing of categories sought nor the exclusion of s 155 documents displaces the usual rule that costs follow the event; therefore, the respondents must pay the applicant's costs of the motion.

Court Disposition

Respondents to the Commission's motion for discovery to pay costs of that motion.

Orders

  • ["Order in terms of paragraphs 1–8 of short minutes of orders handed up, with the addition of the words to paragraphs 2 and 3: 'and excepting the documents referred to in category number 12 in the annexure.'"]