Trade Practices Commission v TNT Management Pty Ltd

- CATCHWORDS

133

COSTS - successful defendants - abatenent of successful defendants' costs - fallure of defendants on c?rtaln issues In actlon f o r a penalty - cunduct of defendants.

Federal Court. of Australla &L, 1976 - 5.43.

TRADE PRACTICES COMMISSION V. T.N.T. MANAGEMmT PTY. LIMITED &.	ORS.
NO. G.44 of 1978
W: Frank1 J.
1 March 1985
Sydney.

IN THE FEDERAL COURT OF AUSTRALIA	)
)
NEW SOUTH WALES DISTRICT REGISTRY	1 No. G.44 of 1978
)
GENERAL DIVISION	)

:	-	B
TRADE PRACTICES COMMISSION

Plaintiff

AND:

T.N.T. MANAGEMENT PTY. LIMITED

First Defendant

AND:

BRAMBLES HOLDINGS LIMITED

Second Defendant

AND:

MAYNE NICKLESS LIMITED

Third Defendant

AND:

YOUNGS TRANSPORT PTY. LIMITED

Fourth Defendant

AND:

ANSETT TRANSPORT INDUSTRIES

(OPERATIONS) PTY. LIMITED

Fifth Defendant

AND :

EXPRESS FREIGHT PTY. LIMITED

Sixth Defendant

AND:

ASSOCIATE!D STEAMSHIPS FTY. LIMITED

Seventh Defendant

AND:

ESLEA HOLDINGS LIMITED, formerly

Ipec Holdings Limited

Eighth Defendant

AND:

ROADSWIFT TRANSPORT PTY. LIMITED, formerly Interstate Parcel Express

Co. Pty. Limited

Ninth Defendant

O R D E R

JUDGE: Franki J.

DATE OF ORDER: 1 March 1985

WHERE MADE: Sydney

THE COURT ORDERS THAT:

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.

IN THE FEDERAL COURT OF AUSTRALIA	)
1
NEW SOUTH W E S DISTRICT REGISTRY	) No. G.44 of 1978
)
GENERAL DIVISION	1
Between:

TRADE PRACTICES COMMISSION Plaintiff

-and-

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	Fifth Defendant
(OPERATIONS) PTY. LIMITED
EXPRESS FREIGHT PTY. LIMITED	Sixth Defendant
ASSOCIATED STEAMSHIPS PTY. LIMITED	Seventh Defendant
ESLEA HOLDINGS LIMITED	Eighth Defendant
Formerly Ipec Holdings Limited
ROADSWIFf TRANSPORT PTY. LIMITED	Ninth Defendant

Formerlv Interstate Parcel	Exmess
Co. Pty: Limited
M: Franki J.
-	DATE: 1 March 1985

amsms FCR JUCGMENT

FRANK1 J.

Submissions have now been made on behalf of the parties

in this matter on the question of costs. This question was

reserved when I delivered	my reasons for judgment on	12 February
1985,

.- . . .

2.

Senior Counsel for the Trade Practices Commission ("the

Commission") asked me to exercise my discretion by abating the costs to which successful defendants are normally entitled. He

suggested that those costs should be abated between a hird and a

half but he did not deal with the question of any possible

distinction between the defendants. He identified certain

matters upon which he sought to rely and submitted that they were

"significant and disparate" issues. He said that the defendants

had chosen to fight those issues, that the Commission had been

successful on them and that it would be appropriate to allow an

abatement in respect of them.

He put into this category the issues of the membership

of the National Freight Forwarders' Association, the identity and

authority of the representatives of the defendants at the three

meetings of the National Freight Forwarders' Association, the