Aktiebolaget Hassle v Alphapharm Pty Ltd [1999] FCA 1390

FEDERAL COURT OF AUSTRALIA

Aktiebolaget Hässle v Alphapharm Pty Ltd [1999] FCA 1390 PRACTICE AND PROCEDURE – continuation in force of orders and undertakings as to confidentiality made before and during trial – whether information no longer confidential – whether restricted publication necessary to prevent prejudice to administration of justice

Federal Court of Australia Act 1976 (Cth) s 17(4) and s 50 Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 cited Australian Broadcasting Commission v Parish (1980) 29 ALR 228 cited

AKTIEBOLAGET HÄSSLE AND ASTRA PHARMACEUTICALS PTY LIMITED v ALPHAPHARM PTY LIMITED

NG 884 OF 1998

LEHANE J

12 OCTOBER 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 884 OF 1998

BETWEEN: AKTIEBOLAGET HÄSSLE

First Applicant

ASTRA PHARMACEUTICALS PTY LIMITED

(ACN 009 682 311)

Second Applicant

AND: ALPHAPHARM PTY LIMITED

(ACN 002 359 739)

Respondent

ALPHAPHARM PTY LIMITED

(ACN 002 359 739)

Cross‑Claimant

AKTIEBOLAGET HÄSSLE

First Cross‑Respondent

ASTRA PHARMACEUTICALS PTY LIMITED

(ACN 009 682 311)

Second Cross‑Respondent

JUDGE: LEHANE J

DATE: 12 OCTOBER 1999

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The following orders as varied from time to time: (a) orders 3 and 5 made on 23 October 1998; (b) orders 6 and 7A made on 24 November 1998; (c) order 1 made on 27 November 1998; (d) order 5 made on 5 February 1999; and (e) each other order made by the Court from time to time upon the application of the respondent in relation to information claimed by the respondent to be confidential to it (including, but not limited to, information claimed to be confidential and recorded in any transcript, affidavit or document referred to therein, exhibit, correspondence, written submissions or other written record of information) be discharged (to the extent mentioned below), and that each of the following persons, namely: AB Hässle Astra Hässle AB Astra Pharmaceuticals Pty Limited Dr Rolf Oscar Jörgen Lindquist Professor John Elvan Rees Professor Kenneth Frederick Brown Dr Karl Erik Karlsson Professor Christopher Thomas Rhodes Mr Carl Engholm Mr Malcolm Royal Mr Malcolm Bell Professor Anthony Wedd be released from its or his undertaking or undertakings given to the Court in pursuance of, or as a consequence of, the making of the said orders, to the extent that the orders referred to in subparagraphs (a) to (e) above and the undertakings relate to the following categories of information relating to the Alphapharm product (as that term is defined in the pleadings in these proceedings): (a) the Sample (as defined in the orders made on 23 October 1998) and information arising from provision of the Sample including but not limited to: (i) any information as to the nature, content, dosage form, formulation or structure of the Sample; and (ii) the results of, or any other knowledge or information derived from testing, observing or analysing the Sample, but excluding the Formulation and Manufacturing Details (as defined in the orders made on 23 October 1998); (b) the country of origin of the product; (c) the qualitative composition of the product; (d) the process of manufacture of the product, to the extent disclosed in the version, published on 12 October 1999 (the "infringement reasons"), of the confidential reasons for judgment delivered on 12 May 1999; (e) the Brisbane tests and their results, to the extent described in the infringement reasons. 2. Nothing in order 1 affects the operation of O 15 r 18 of the Federal Court Rules. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.