Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2019] FCA 230 File numbers: NSD 121 of 2012 NSD 837 of 2015
Judge: YATES J
Date of judgment: 27 February 2019
Catchwords: PRACTICE AND PROCEDURE – proceedings to enforce undertakings as to damages given in patent infringement proceedings – where several enforcement proceedings commenced – where allegations in one set of enforcement proceedings admitted but corresponding allegations in another set of enforcement proceedings denied – whether inconsistent allegations can be pleaded – whether pleading of denials is an abuse of the Court's process – whether pleading of denials should be struck out
Legislation: Federal Court of Australia Act 1976 (Cth) s 4 Federal Court Rules 2011, rr 16.06, 16.21(1)(f), 22.07, 30.11 National Health Act 1953 (Cth)
Cases cited: Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256 Issitch v Worrell (2000) 172 ALR 586 J C Decaux Pty Ltd v Adhsel Street Furniture Pty Ltd [2000] FCA 1118; (2000) 178 ALR 339 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Stohl Aviation v Electrum Finance Pty Ltd (1984) 5 FCR 187 Surfing Hardware International Holdings Pty Ltd v McCausland [2008] FCA 1522; (2008) 171 FCR 533 UBS AG v Tyne [2018] HCA 45
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