Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2020] FCA 1092 File number: NSD 252 of 2019
Judge: GLEESON J
Date of judgment: 4 August 2020
Catchwords: PRACTICE AND PROCEDURE – application to reopen matter after judgment given but before judgment published – alleged misapprehension of the facts and/or the manner in which an argument was advanced – discretion to reopen – application to reopen refused with costs
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) Federal Court Rules 2011 r 39.04
Cases cited: Australian Competition and Consumer Commission v Dukemaster [2009] FCA 682 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2007] FCA 1904 Autodesk Inc v Dyason (No. 2) [1993] HCA 6; (1993) 176 CLR 300 Banque Commerciale SA en Liquidation v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228 Betfair Pty Ltd v Racing New South Wales and Anor [2010] FCAFC 133; (2010) 189 FCR 356 Gould v Mount Oxide Mines Ltd (in liq) [1916] HCA 81; (1916) 22 CLR 490 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Li Shi Ping v Minister of Immigration, Local Government and Ethnic Affairs [1995] FCA 1201 Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Ltd [2015] FCA 35 Pittalis v Sherefettin [1986] QB 868 Smith v Australia New Zealand Banking Group Limited & Ors [1996] NSWCA 483 The Silver Fox Company Pty Ltd as Trustee for the Baker Family Trust v Lenard's Pty Ltd (No 2) [2004] FCA 1310 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Venus Adult Shops v Fraserside Holdings Ltd (No. 2) [2007] FCAFC 41
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