SmithKline Beecham (Australia) Pty Ltd v Chipman [2003] FCA 978

FEDERAL COURT OF AUSTRALIA

SmithKline Beecham (Australia) Pty Ltd v Chipman [2003] FCA 978 PRACTICE AND PROCEDURE – application for leave to appeal from decision of a single judge – issue before primary judge was whether a person was an "independent expert" – decision concerned matter of practice and procedure – whether decision attended by sufficient doubt as to warrant reconsideration by a Full Court – whether substantial injustice would result, assuming the decision to be wrong. SmithKline Beecham (Australia) Pty Ltd v Chipman [2003] FCA 796, considered Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170, applied Minogue v Williams (2000) 60 ALD 366, referred to Johnson v Cameron (2002) 195 ALR 300, referred to

SMITHKLINE BEECHAM (AUSTRALIA) PTY LTD & ANOR v PHILLIP CHIPMAN (as delegate of the Secretary to the (former) Department of Health and Aged Care) & ORS V 1280 of 2001 GOLDBERG J 11 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1280 of 2001

BETWEEN: SMITHKLINE BEECHAM (AUSTRALIA) PTY LTD

ACN 008 399 415

First Applicant

GLAXOSMITHKLINE (AUSTRALIA) PTY LTD

ACN 100 162 481

Second Applicant

AND: PHILLIP CHIPMAN

(as delegate of the Secretary to the (former)

Department of Health and Aged Care)

First Respondent

MINISTER FOR HEALTH AND AGEING

Second Respondent

SUSAN ALDER

(As delegate of the (former)

Minister for Health and Aged Care)

Third Respondent

SYNTHON AU PTY LTD

ACN 080 948 698