Australian Competition and Consumer Commission v Pacific National Pty Limited (No 3)

The Australian Competition and Consumer Commission (ACCC) sought to modify an undertaking given by Pacific National Pty Limited (Pacific National) in a previous proceeding. The Federal Court was asked to dismiss the ACCC's application and to award costs to Pacific National. The ACCC further sought to have certain costs related to subpoenas issued in the proceeding determined by a Registrar of the Court.

The primary legal issue before the Court was whether the ACCC's application for modification of the undertaking should be dismissed and, if so, whether Pacific National should be awarded costs. A secondary issue was the appropriate method for determining the costs associated with the subpoenas issued in the proceeding.

The Court found that the ACCC's application for modification of the undertaking should be dismissed, as the ACCC had not demonstrated that the circumstances had changed to warrant a modification. The Court further determined that Pacific National was entitled to 50% of its costs. The Court held that the costs should be awarded in a lump sum and that the quantum of those costs should be determined by a Registrar of the Court. The Court also made orders concerning the process for determining the costs associated with the subpoenas issued in the proceeding.

The Court dismissed the ACCC's application for modification of the undertaking and ordered that 50% of Pacific National's party-party costs be awarded. The Court further ordered that the costs be awarded in a lump sum and that the quantum of those costs be determined by a Registrar of the Court. The Court also made orders concerning the process for determining the costs associated with the subpoenas issued in the proceeding.