Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 2) [2023] FCA 178

Federal Court of Australia

Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 2) [2023] FCA 178 File number: NSD 750 of 2017

Judgment of: BROMWICH J

Date of judgment: 2 March 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders to vacate a sentence hearing on four charges of contempt of court for which guilty pleas have been entered – where the basis of the application is an asserted incapacity of a deponent to swear an affidavit in compliance with court orders – Held: asserted basis for incapacity not made out, interlocutory application dismissed with costs

Cases cited: Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 12

Date of hearing: 2 March 2023

Counsel for the Applicant: Mr J Clark

Solicitor for the Applicant: Webb Henderson

Counsel for the Respondent: Mr D Preston

Solicitor for the Respondent: Tisher Liner FC Law

ORDERS NSD 750 of 2017

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: ULTRA TUNE AUSTRALIA PTY LTD ACN 065 214 708 Respondent

order made by: BROMWICH J DATE OF ORDER: 2 March 2023

THE COURT ORDERS THAT:

1. The respondent's interlocutory application dated 23 February 2023 be dismissed. 2. The respondent pay the applicant's costs of and incidental to the interlocutory application dated 23 February 2023, including costs of the applicant thrown away by reason of the vacation of the sentence hearing date on 9 March 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.