Optus Mobile Pty Limited v Hutchison 3G Australia Pty Limited

[2003] FCA 1243

FEDERAL COURT OF AUSTRALIA

Optus Mobile Pty Limited v Hutchison 3G Australia Pty Limited
[2003] FCA 1243

OPTUS MOBILE PTY LIMITED v HUTCHISON 3G AUSTRALIA PTY LIMITED
N 724 of 2003

ALLSOP J
7 NOVEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 724 of 2003

BETWEEN:	OPTUS MOBILE PTY LIMITED APPLICANT
AND:	HUTCHISON 3G AUSTRALIA PTY LIMITED RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	7 NOVEMBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The respondent pay the applicant’s costs of the interlocutory hearing and its preparation.
2. The respondent pay one half of the applicant’s costs of the final hearing.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 724 of 2003

BETWEEN:	OPTUS MOBILE PTY LIMITED APPLICANT
AND:	HUTCHISON 3G AUSTRALIA PTY LIMITED RESPONDENT

JUDGE:	ALLSOP J
DATE:	7 NOVEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 4 July 2003 and 19 September 2003 I made orders in this matter. 

2. In my reasons of 19 September 2003 I indicated at [86] and [87] that I would hear the parties on costs but that I was minded to require the respondent to pay all the costs of the interlocutory hearing and its preparation and one half of the applicant’s costs of the final hearing.

3. The parties filed written submissions in relation to costs.  Those submissions will remain with the file.

4. I do not think that any fine distinctions need be made in this case.  Nor do I think that the question of costs here involves any question of principle.

5. I am unpersuaded that I should move from my preliminary view expressed on 19 September 2003 for the reasons I then briefly gave.  The orders of the Court will be:

   1. The respondent to pay the applicant’s costs of the interlocutory hearing and its preparation.
   2. The respondent to pay one half of the applicant’s costs of the final hearing.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            7 November 2003

Counsel for the Applicant:	Mr J T Gleeson SC Mr M Darke
Solicitor for the Applicant:	Minter Ellison
Counsel for the Respondent:	Mr S Finch SC Mr R Cobden
Solicitor for the Respondent:	Allens Arthur Robinson
Date of Hearing:	19 June 2003
Date of Judgment:	7 November 2003