Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2016] FCA 1196 File number: NSD 1090 of 2015
Judge: FOSTER J
Date of judgment: 7 October 2016
Catchwords: PRACTICE AND PROCEDURE – whether the applicants are entitled to interlocutory injunctive relief to restrain the resumption of an advertising and marketing campaign which has been the subject of an undertaking to cease the campaign and not to resume it up to and including the commencement of the hearing of certain separate questions
Legislation: Australian Consumer Law, s 18, s 29 Federal Court Rules 2011, r 30.01
Cases cited: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 106 IPR 218
Date of hearing: 2 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 105
Counsel for the Applicants: Mr R Cobden SC and Mr HPT Bevan
Solicitor for the Applicants: Minter Ellison
Counsel for the Respondent: Mr AP Coleman SC and Mr ARR Vincent
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS NSD 1090 of 2015
BETWEEN: GLAXOSMITHKLINE AUSTRALIA PTY LTD First Applicant
GLAXOSMITHKLINE CONSUMER HEALTHCARE AUSTRALIA PTY LTD Second Applicant
AND: RECKITT BENCKISER (AUSTRALIA) PTY LTD Respondent
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