Federal Court of Australia
Federal Court of Australia
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 5) [2024] FCA 1268 File number(s): NSD 121 of 2012 NSD 837 of 2015
Judgment of: BURLEY J
Date of judgment: 30 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for stay of hearing regarding adoption of a Referee's report pending relevant decision of the High Court of Australia – granting of the stay not favoured by the balance of convenience – stay declined
Legislation: Federal Court of Australia Act 1976 (Cth) s37M
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 6) [2012] FCA 745 Australian Rail, Tram and Bus Industry Union v Transit Systems West Services Pty Ltd (No 2) [2022] FCA 389 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 2) [2016] FCAFC 111; (2016) 120 IPR 431 Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634; 113 IPR 191 Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2012] FCA 239; (2012) 291 ALR 763 Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848 P Ward Civil Engineering v Civil & Civic [2003] NSWSC 603
Division: General Division
Registry: New South Wales
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