Smith Kline & French Laboratories (Australia) Limited & Ors v Commonwealth of Australia

[1991] HCATrans 234

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IN THE HIGH COURT OF AUSTRALIA	•
Office of the Registry

Sydney No S95 of 1991

B e t w e e n -

SMITH KLINE & FRENCH
LABORATORIES (AUSTRALIA)
LIMITED A.C.N. 0071580;
SMITH KLINE & FRENCH
LABORATORIES LIMITED;
SMITHKLINE BEECHAM CORPORATION;
LABORATOIRE SMITH KLINE &
FRENCH SA and SMITH KLINE

DAUELSBERG GmbH

Applicants

and

THE COMMONWEALTH OF AUSTRALIA,

THE SECRETARY TO THE DEPARTMENT

OF COMMUNITY SERVICES AND

HEALTH

First and Second Respondents

and

ALPHAPHARM PTY LIMITED

Third Respondent

Application for interlocutory

relief

BRENNAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 30 AUGUST 1991, AT 12.21 PM

(Continued from 13/8/91)

Copyright in the High Court of Australia

Smith Kline 44 30/8/91

HIS HONOUR:	Where does this leave us, Mr Ellicott?
MR ELLICOTT:	Your Honour, I think it leaves us in this

position. We did give my friends notice that had

we been granted special leave, we would have sought

to get an injunction from Your Honour. Special
leave having not been granted we will not,

obviously, persist with that application.

As to the other matter, well, as I understand

it, what the Court said yesterday was rather final.

HIS HONOUR:  It is hard to say that there is a serious

question still to be tried.

MR ELLICOTT:  No, it does seem as if that serious question

is no longer around so we do not propose to move

any further in relation to that matter,

Your Honour.

HIS HONOUR:  Yes. Do you have anything to say, Mr Catterns?

MR CATTERNS:  Your Honour, we seek the costs of the

application for the interlocutory injunctions up to

today.

HIS HONOUR:	Yes.
MR GARNSEY:	We also seek costs, if Your Honour pleases.

Your Honour did on the last occasion reserve costs

so we seek costs, including reserved costs, of the

application for an interlocutory injunction which

was last before Your Honour. Your Honour reserved

costs on that occasion and that was in proceedings

No S95 of 1991. Those proceedings were adjourned

to today before Your Honour.

My learned friend, Mr Ellicott, also gave

notice that in proceedings No S43 of 1991 he would

apply for interlocutory relief if special leave

were granted.	They are proceedings in which
Alphapharm seeks leave to appear as a person

affected by the injunctive relief sought.

HIS HONOUR:	But no application has been made, Mr Garnsey.
MR GARNSEY:	Yes.  In any event, if Your Honour pleases, we

seek an order for costs in No S95 which will,

probably, in the circumstances, be adequate.

HIS HONOUR:  Whether adequate or no, I think they probably

represent the limit of your entitlement at all

events.

HIS HONOUR:	Yes.	Mr Ellicott, have you anything to say?
Smith Kline	45	30/8/91

MR ELLICOTT:	No, Your Honour.
HIS HONOUR:	The application in action No S95 of 1991 is

dismissed with costs including reserved costs.

Smith Kline 46 30/8/91