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

The parties involved were Smith Kline & French Laboratories (Australia) Limited and others, and the Commonwealth of Australia, the Secretary to the Department of Community Services and Health, and Alphapharm Pty Limited. The dispute concerned an application for interlocutory relief, specifically an injunction, in proceedings numbered S95 of 1991. The matter was before the High Court of Australia.

The primary legal issue before the court was whether there remained a serious question to be tried in relation to the application for interlocutory relief. This arose after special leave to appeal had not been granted, which was a prerequisite for the applicants to pursue their injunction application.

The court determined that, in the absence of special leave being granted, there was no longer a serious question to be tried. Consequently, the applicants indicated they would not persist with their application for an injunction. The court then dismissed the application in action No S95 of 1991.

The court ordered that the application in action No S95 of 1991 be dismissed with costs, including any costs that had been previously reserved.