Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission (No 2) [2020] FCAFC 233 (21 December 2020) (Allsop CJ, Jagot and Abraham JJ)


Catchwords:


PRACTICE AND PROCEDURE – where appellant ordered by primary judge to pay respondent’s costs on an indemnity basis – where appeal allowed in part on narrow question of construction – where appeal judgment did not address indemnity costs question – where parties were given opportunity to address question of costs but did not do so – where appellant has filed interlocutory application effectively to reopen the appeal in reliance upon the slip rule – slip rule inapplicable – interlocutory application dismissed with costs