Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd

The parties involved in the case of Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd were Pfizer Ireland Pharmaceuticals, the applicant, and Samsung Bioepis Au Pty Ltd, the respondent. The dispute centred around the granting of an extension of time for the applicants to file an application for leave to appeal against a decision of the Federal Court. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicants should be granted an extension of time within which to apply for leave to appeal. The applicants had missed the deadline for filing their application for leave to appeal and sought an extension on the grounds that the delay was modest and the respondent had not asserted that the application for leave to appeal was untenable. The court had to consider the principles of law and the relevant rules of court in deciding whether to grant the extension.

The court considered the relevant case law and the provisions of the Federal Court Rules 2011. It noted that the court has discretion to extend the time for filing an application for leave to appeal, but that such extensions should be granted sparingly. The court found that the delay in this case was modest and that the respondent had not asserted that the application for leave to appeal was untenable. The court also noted that there were compelling reasons for the delay, including the applicants' belief that the appeal had no prospects of success. The court concluded that an extension of time should be granted and set the deadline for filing the application for leave to appeal as 10 April 2017.

The court further ordered that the costs of the applicants' application for an extension of time be costs in the application for leave to appeal or, if leave to appeal is granted, in the appeal. This means that if the applicants are successful in their appeal, the costs of the application for an extension of time will be included in the overall costs of the appeal. The court's decision provides guidance on the principles that the court will consider when deciding whether to grant an extension of time for filing an application for leave to appeal.