Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Geneva Laboratories Limited v Nguyen [2014] FCA 1270 Citation: Geneva Laboratories Limited v Nguyen [2014] FCA 1270
Parties: GENEVA LABORATORIES LIMITED v STEVEN NGUYEN TRADING AS HEALTH LINE PHARMACY SYDNEY, TANIA HOANG TRADING AS HEALTH LINE PHARMACY SYDNEY, INSPIRED HEALTH (AUST) PTY LTD (ACN 161 693 625), JOHN NGUYEN, VINOD NEGI TRADING AS CINCOTTA DISCOUNT CHEMIST CARLINGFORD and SAMER MEGALLI TRADING AS SHOPSMART WHOLESALE PHARMACY NEWTOWN
File number: NSD 710 of 2014
Parties: GENEVA LABORATORIES LIMITED v OZE-PHARMACY PTY LTD (ACN 092 541 510), RAYMOND SHAHIDI, WARREN TURNER, CASTLE HILL PHARMACY PTY LTD (ACN 166 252 839), ZELIMIR ANTHONY SEMAN, OZE-PHARMACY GROUP PTY LTD (ACN 129 906 912), OZE-PHARMACY NORTHERN BEACHES PTY LTD (ACN 111 485 502), OZE-PHARMACY TUGGERAH SERVICES PTY LTD (ACN 154 500 508) and HIGH STREET PENRITH PHARMACY PTY LTD (ACN 166 252 900)
File number: NSD 711 of 2014
Judge: GLEESON J
Date of judgment: 25 November 2014
Catchwords: PRACTICE AND PROCEDURE – application for discharge of ex parte search and seizure orders and delivery up orders – where orders for seizure and delivery up of allegedly counterfeit skincare product – where respondents are registered pharmacists – where orders executed – whether applicant breached duty of candour – whether any risk that evidence might be destroyed or caused to become unavailable – whether orders should be discharged because no real possibility evidence would be destroyed or caused to become unavailable – application dismissed PRACTICE AND PROCEDURE – application for summary dismissal – whether proceedings frivolous, vexatious or an abuse of process – whether no reasonable prospect of success – application dismissed
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