Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2010] FCA 1258
Citation: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2010] FCA 1258
Parties: SIGMA PHARMACEUTICALS (AUSTRALIA) PTY LTD (ACN 004 118 594) v WYETH and WYETH AUSTRALIA PTY LTD (ACN 000 296 211)
File number(s): NSD 1533 of 2010
Judge: JACOBSON J
Date of judgment: 12 November 2010
Catchwords: PRACTICE AND PROCEDURE – application for stay of order pending outcome of appeal – principles relevant to the exercise of the court's discretion to grant a stay – respondent refused to proffer undertaking as to damages - evidence does not establish justice requires stay to be ordered
Legislation: Federal Court Rules O 52 r 17(3)
Cases cited: Atlantis Corporation v Schindler (unreported, Federal Court of Australia, 22 May 1997, BC 9702195) referred to Minnesota Mining and Manufacturing Company v Johnson and Johnson Limited (No 3) [1976] RPC 671 distinguished Red Bull Australia Pty Limited v Sydneywide Distributors Pty Limited [2001] FCA 1750 applied Westaflex (Aust) Pty Limited v Wood (1990) 18 IPR 168 distinguished
Date of hearing: 12 November 2010
Date of last submissions: 12 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 55
Counsel for the Appellant: Mr D Shavin QC with Ms H Rofe
Solicitor for the Appellant: Griffith Hack Lawyers
Counsel for the Respondents: Mr C Dimitriadis
Solicitor for the Respondents: Jones Day Lawyers
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