Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ansell Healthcare Products LLC v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2016] FCA 765 File number: NSD 1180 of 2014
Judge: RARES J
Date of judgment: 11 April 2016
Catchwords: PRACTICE AND PROCEDURE – pleadings – application to withdraw admissions – where party seeking to withdraw admissions did not give evidence how admissions came to be made or that they were inaccurate – where evidence other party prejudiced by admissions being withdrawn by significantly expanding scope and cost of proceeding – case management principles – Federal Court of Australia Act 1976 (Cth) – whether withdrawal consistent with overarching purpose and party's duties under ss 37M and 37N – whether in the interests of justice to allow withdrawal of admissions
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M and 37N Federal Court Rules 2011 (Cth) rr 16.53, 34.50 Patents Act 1990 (Cth) s 18(1)(c) Statute of Monopolies 1623 (UK)
Cases cited: Ansell Healthcare Products LLC v Reckitt Benckiser (Australia) Pty Limited [2016] FCA 506 Aon Risk Services Australia Limited v Australian Novartis Pharmaceuticals Australia Pty Limited v Bayer Australia Limited (No. 3) [2013] FCA 1323 Cement Australia Pty Limited v Australian Competition and Consumer Commission (2010) 187 FCR 261 Commercial Union Assurance Company of Australia Limited v Ferrcom Pty Limited (1991) 22 NSWLR 389 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 D'Arcy v Myriad Genetics Inc (2015) 325 ALR 100 DeMasi v Linfox Transport (Aust) Pty Limited (unreported, NSWSC, McClelland CJ in Eq, 14 June 1995) Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303 Jones v Dunkel (1958) 101 CLR 298 Tamaya Resources Limited (in Liquidation) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate