Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 2) [2011] FCA 213 Citation: Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 2) [2011] FCA 213
Parties: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807, SANOFI-AVENTIS DEUTSCHLAND GMBH and AVENTISUB II INCORPORATED v APOTEX PTY LTD ACN 096 916 148
File number(s): NSD 1664 of 2008
Judge: JAGOT J
Date of judgment: 7 March 2011
Catchwords: PRACTICE AND PROCEDURE – leave to file second further amended defence and cross-claim and further amended particulars of invalidity – whether proposed amendments raised hypothetical issue – whether proposed amendments redundant or obscure – whether applicants prejudiced by lost opportunity to gather expert evidence in light of respondent's whole case
Cases cited: AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589
Date of hearing: 7 March 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicants: Mr R Cobden SC with Mr A R Lang
Solicitor for the Applicants: Jones Day
Counsel for the Respondent: Mr N R Murray
Solicitor for the Respondent: Freehills
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1664 of 2008
BETWEEN: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807
First Applicant
SANOFI-AVENTIS DEUTSCHLAND GMBH
Second Applicant
AVENTISUB II INCORPORATED
Third Applicant
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