Care A2 Plus Pty Ltd v Gensco Laboratories, LLC (doing business as Gensco Pharma) [2023] FCA 1246

Federal Court of Australia Care A2 Plus Pty Ltd v Gensco Laboratories, LLC (doing business as Gensco Pharma) [2023] FCA 1246 Application for leave to appeal from: Gensco Laboratories, LLC v Care A2 Plus Pty Ltd (receiver appointed) [2023] FCA 1024

File number(s): NSD 972 of 2023

Judgment of: WHEELAHAN J

Date of judgment: 18 October 2023

Catchwords: PRIVATE INTERNATIONAL LAW — Practice and Procedure — application for leave to appeal – where proceeding on foot in the Court between, inter alia, parties to present application – where respondent to present proceeding subsequently commenced proceeding in Florida against officers and controlling shareholder of first applicant to present application – where judge of the Court at first instance refused to grant final anti-suit injunction to prevent applicants on leave application (first and third respondents at first instance) from commencing or further pursuing proceedings in Circuit Court of Eleventh Judicial Circuit in and for Miami-Dade County, Florida – where applicants seek leave to appeal on basis that primary judge erred in by failing to have regard to various matters –principles involved in an application for leave to appeal interlocutory orders having final effect – substantial injustice to the applicants if leave to appeal not granted supposing the orders to be wrong – leave to appeal granted.

Legislation: Constitution, Ch III Consumer and Competition Act 2010 (Cth), Sch 2 Australian Consumer Law, s 18 Federal Court of Australia Act 1976 (Cth), s 24(1A)

Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Adams v Chas S Watson Pty Ltd [1938] HCA 37; 60 CLR 545 Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 1) [1996] FCA 13; 64 FCR 1 BP Refinery (Westernport) Pty Ltd v Shire of Hastings [1977] UKPCHCA 1; 180 CLR 266 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 CSR Limited v Cigna Insurance Australia Limited [1997] HCA 33; 189 CLR 345 Décor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Ex parte Bucknell [1936] HCA 67; 56 CLR 221 Gensco Laboratories, LLC v Care A2 Plus Pty Ltd (receiver appointed) [2023] FCA 1024 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 House v The King [1936] HCA 40; 55 CLR 499 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; 104 FCR 564 Jones v Minister for Immigration and Ethnic Affairs [1994] FCA 953; (1995) 63 FCR 32 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; 237 CLR 66 Masters v McCubbery [1996] 1 VR 635 McInnes v Rheem Australia Pty Ltd [2021] NSWCA 89 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10; 210 CLR 491 Schnabel v Lui [2002] NSWSC 15 Sunland Group Pty Ltd v Prudentia Investments Pty Ltd [2013] VSCA 237 Tucker v McKee [2022] FCAFC 98; 292 FCR 666 Water Board v Moustakas [1988] HCA 12; 180 CLR 491 Castanho v Brown & Root (UK) Ltd [1981] AC 557 Simon Engineering plc v Butte Mining plc [1996] 1 Lloyd's Law Rep 104 Smith Kline and French Laboratories v Bloch [1983] 1 WLR 730 Société Nationale Industrielle Aérospatiale v Jak [1987] AC 871 Nygh's Conflict of Laws in Australia (8th ed, 2010) Nygh's Conflict of Laws in Australia (10th ed, 2019) at [9.27]