Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited
[2015] FCA 315
•2 April 2015
FEDERAL COURT OF AUSTRALIA
Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited [2015] FCA 315
Citation: Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited [2015] FCA 315 Parties: NOVARTIS PHARMACEUTICALS AUSTRALIA PTY LTD (ACN 004 244 160) v BAYER AUSTRALIA LIMITED (ACN 000 138 714) File number: NSD 314 of 2013 Judge: ROBERTSON J Date of judgment: 2 April 2015 Date of hearing: 2 April 2015 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 6 Solicitor for the Applicant: Mr R Turnbull of Clayton Utz Solicitor for the Respondent: Mr J I Fairbairn of Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 314 of 2013
BETWEEN: NOVARTIS PHARMACEUTICALS AUSTRALIA PTY LTD (ACN 004 244 160)
ApplicantAND: BAYER AUSTRALIA LIMITED (ACN 000 138 714)
Respondent
JUDGE:
ROBERTSON J
DATE OF ORDER:
2 APRIL 2015
WHERE MADE:
SYDNEY
THE COURT ORDERS BY CONSENT THAT:
1.The respondent be released from its undertaking given in court on 15 May 2013.
2.The application filed on 4 March 2015 by the respondent be discontinued (Costs Application).
3.Costs of the Costs Application be costs in the cause.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 314 of 2013
BETWEEN: NOVARTIS PHARMACEUTICALS AUSTRALIA PTY LTD (ACN 004 244 160)
ApplicantAND: BAYER AUSTRALIA LIMITED (ACN 000 138 714)
Respondent
JUDGE:
ROBERTSON J
DATE:
2 APRIL 2015
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In this matter I delivered reasons for judgment on 6 February 2015 and made orders on 6 March 2015 dismissing the applicant’s application, following the delivery of those reasons.
Confidentiality
I made directions for the identification of the parts of the reasons which the parties contended should not be published because of confidentiality. That matter was resolved in two stages. First, on 6 March 2015 I made interim non-publication orders under ss 37AF and 37AI of the Federal Court of Australia Act 1976 (Cth). Second, on 26 March 2015 I made a substantially narrower order under s 37AF in respect of the 6 February 2015 reasons for judgment, that order expressed to operate to 26 March 2016.
Costs
The applicant did not wish to contend that that costs should not follow the event. The orders I made on 6 March 2015 in relation to costs were that, subject to the respondent’s indemnity costs application filed on 4 March 2015, the applicant pay the costs of the respondent.
Final orders
This left to be resolved two matters: first the status of the respondent’s undertaking given in court on 15 May 2013 which was made without admissions and concerned any further publication by the respondent of the promotional material in issue. The second matter was the respondent's interlocutory application filed on 4 March 2015 for its costs to be paid on an indemnity basis by the applicant either from 22 August 2013 or 23 December 2013 consequent upon the making of offers of compromise.
The parties have now reached agreement in relation to those two matters and yesterday forwarded to my chambers proposed short minutes of order which I now make as follows:
By consent, the Court orders that:
1. The Respondent be released from its undertaking given in court on 15 May 2013.
2. The application filed on 4 March 2015 by the respondent be discontinued (Costs Application).
3. Costs of the Costs Application be costs in the cause.
There being no other matter necessary to be dealt with, the proceedings before me are now finalised.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Robertson. Associate:
Dated: 2 April 2015
0
0
0