Mastercard loses appeal bid over RBA data in ACCC lawsuit
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The news: Mastercard will not be able to appeal a Federal Court decision linked to payments data collected by the Reserve Bank of Australia, as part of Mastercard's legal battle with the competition regulator.
The context: In a court decision today, Federal Court Judge Michael Lee dismissed Mastercard's application for leave to appeal.
In August, judge Michael Wigney decided that he would take judicial notice of RBA information, despite Mastercard's remonstrations that such recognition would prevent the company from contradicting the data at trial next year.
The data included payments made to food retailers. Under judicial notice, a fact is introduced into evidence if its truth is so notorious or well-known, or authoritatively attested, that it cannot reasonably be doubted.
Wigney had said during a hearing on the data that granting judicial notice would not serve as a “free kick” to the Australian Competition and Consumer Commission (ACCC), but would eliminate the need for the regulator to call an RBA officer to testify that the bank collected the data.
Mastercard can still file a notice to adduce further factual evidence on the RBA data ahead of next year's hearing.
What they said: Following a half-day hearing on Thursday, Lee said "there is insufficient prejudice that comes close to reaching a level of substantial injustice" as a result of Wigney's decision.
"There is no fetter for this matter to be agitated on appeal", Lee said.
If Mastercard loses its case, Lee says it could argue over the RBA data in a later appeal.
The source: Federal Court of Australia
