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

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.

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.

Associate:

Dated:              7 November 2003