Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204 Citation: Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204
Parties: PHARM-A-CARE LABORATORIES PTY LTD (ACN 003 468 219) v COMMONWEALTH OF AUSTRALIA AND ORS
File number: NSD 1991 of 2008
Judge: FLICK J
Date of judgment: 5 November 2010
Catchwords: PRACTICE AND PROCEDURE – particulars as to misfeasance struck out – liberty to provide further particulars – desirability of ruling prior to mediation
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M and 37N Federal Court Rules, O 10 r 1, O 11 r 1B, O 12 r 5 Parliamentary Privileges Act 1987 (Cth) Therapeutic Goods Act 1989 (Cth)
Cases cited: Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees' Association of Western Australia) (1987) 13 FCR 413, cited Gunns Ltd v Marr [2005] VSC 251, applied Northern Territory of Australia v Mengel (1995) 185 CLR 307, cited Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) [2010] FCA 361, 267 ALR 494, cited Police & Nurses Credit Society Ltd v Burgess Rawson (WA) Pty Ltd [2006] FCA 1395, cited R v The Associated Northern Collieries (1910) 11 CLR 738, cited Roberts v Bass [2002] HCA 57, 212 CLR 1, cited Sims v Wran [1984] 1 NSWLR 317, cited Three Rivers DC v Bank of England (No 3) [2003] 2 AC 1, followed
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