Federal Court of Australia
Federal Court of Australia
Merck Sharp & Dohme Corporation v Pfizer Inc [2021] FCA 57 File number: NSD 774 of 2019
Judgment of: BURLEY J
Date of judgment: 3 February 2021
Catchwords: PRACTICE AND PROCEDURE – application for hearing to be adjourned – where one of a party's two expert witnesses is unable to participate in the proceedings –application to adjourn opposed – balancing of considerations – whether retaining hearing dates would cause undue prejudice to the respondent – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 1.32
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Merck Sharp & Dohme Corp v Wyeth LLC (No 4) [2020] FCA 1719 Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477 Federal Court of Australia, Expert Evidence Practice Note (GPN-EXPT), 25 October 2016 Federal Court of Australia, Intellectual Property Practice Note (IP-1), 20 December 2019
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 20
Date of hearing: 28 January 2021
Counsel for the Applicants: Ms K J Howard SC with Mr D B Larish and Mr R J Boadle
Solicitor for the Applicants: Corrs Chambers Westgarth
Counsel for the Respondent: Ms C L Cochrane with Mr R W Clark
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