Hurley v McDonalds Australia Ltd

[1999] FCA 466

FEDERAL COURT OF AUSTRALIA

Hurley v McDonalds Australia Ltd [1999] FCA 466

JANETTE LYN HURLEY v McDONALDS AUSTRALIA LIMITED
Q 194 of 1999

DOWSETT J
14 OCTOBER 1999
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 194 OF 1999

BETWEEN:	JANETTE LYN HURLEY Applicant
AND:	McDONALDS AUSTRALIA LIMITED Respondent
JUDGE:	DOWSETT
DATE OF ORDER:	14 OCTOBER 1999
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The Australian Competition and Consumer Commission pay the respondent’s costs of and incidental to the proceedings this morning.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 194 OF 1999

BETWEEN:	JANETTE LYN HURLEY Applicant
AND:	McDONALDS AUSTRALIA LIMITED Respondent

JUDGE:	DOWSETT
DATE:	14 OCTOBER 1999
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. When this part-heard action commenced this morning, counsel appeared for the Australian Competition and Consumer Commission (the “ACCC”) seeking to join in the current proceedings, bringing in other proceedings commenced by it against the respondent in the Sydney Registry.  Those proceedings were transferred to Brisbane on last Friday.  Now, as a result of certain indications which I gave this morning, counsel for the ACCC indicates that it does not wish to persevere in the application.  The whole of this morning has been consumed with that application which has, in the end, been unsuccessful.  In those circumstances, the ACCC should pay the costs of the respondent in the action, of and incidental to the proceedings this morning

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:             21 October 1999

Counsel for the Applicant:	Mr S S W Couper QC Ms D A Skennar
Solicitor for the Applicant:	Shine Roche McGowan
Counsel for the Respondent:	Mr P D M McMurdo QC Mr D Robinson
Solicitor for the Respondent:	Baker & McKenzie
Counsel for the ACCC:	Mr P Renehan
Solicitor for the ACCC:	Australian Government Solicitor
Date of Hearing:	14 October 1999
Date of Judgment:	14 October 1999