Smith Kline & French Laboratories (Australia) Limited & Ors v The Secretary to the Department of Community Services and Health

The applicants, Smith Kline & French Laboratories (Australia) Limited and associated companies, sought an interlocutory injunction from the High Court of Australia. The injunction was intended to prevent the Secretary to the Department of Community Services and Health from using certain identified information to assess applications made by parties other than the Smith Kline & French companies. Alphapharm Pty Limited was granted leave to intervene in the proceedings.

The primary legal issue before the Court was whether to grant an injunction to restrain the respondent from using specific information pending the determination of the applicants' application for special leave to appeal, and if granted, pending the hearing of the appeal. A secondary issue concerned the use of a "sample," which had taken an unusual course in the lower courts, with the applicants submitting that an admission in the pleadings regarding its use had been overlooked.

The Court considered the application for an interlocutory injunction. Counsel for the respondent provided an undertaking not to use the sample for the purpose of evaluating applications for approval of generic drugs pending the hearing of the special leave application. This undertaking resolved the issue concerning the sample. The Court then proceeded to consider the main application for the injunction.