Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited [2013] FCA 929

FEDERAL COURT OF AUSTRALIA

Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited [2013] FCA 929 Citation: Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited [2013] FCA 929

Parties: NOVARTIS PHARMACEUTICALS AUSTRALIA PTY LTD (ACN 004 244 160) v BAYER AUSTRALIA LIMITED (ACN 000 138 714)

File number: NSD 314 of 2013

Judge: ROBERTSON J

Date of judgment: 13 September 2013

Catchwords: PRACTICE AND PROCEDURE – application to amend further amended statement of claim – whether delay –whether prejudice to respondent by reason of proximity of hearing date – relevant factors – hearing date postponed for short period

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M

Date of hearing: 12 September 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Dr AS Bell SC with Ms E Holmes

Solicitor for the Applicant: Clayton Utz

Counsel for the Respondent: Mr R Lancaster SC with Ms K Richardson

Solicitor for the Respondent: Resolve Litigation Lawyers Pty Limited

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 314 of 2013

BETWEEN: NOVARTIS PHARMACEUTICALS AUSTRALIA PTY LTD (ACN 004 244 160)

Applicant

AND: BAYER AUSTRALIA LIMITED (ACN 000 138 714)

Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 13 SEPTEMBER 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant have leave to amend its Further Amended Statement of Claim substantially in accordance with the amendments in the form annexed and marked RDM - 10 to the affidavit of Ross David McInnes, affirmed 22 August 2013. 2. The applicant pay to the respondent any costs thrown away by reason of the amendment. 3. The costs of the interlocutory application filed on 22 August 2013 be otherwise reserved. 4. The dates for hearing fixed to begin on 16 December 2013 for 5 days be vacated.