High Court of Australia
SMITH KLINE & FRENCH LABORATORIES
{AUSTRALIA) LTD & ORS
THE SECRETARY TO THE DEPARTMENT OF CO. INITY SERVICES
AND_HEALTH
This is an application for an interlocutory injunction pending the hearing of an application for special leave to appeal and, if special leave to appeal is granted, pending the determination of the appeal or
until further order.
The application is brought by a group of companies which I shall designate as "SK&F", without seeking to differentiate between them in terms of the interest which each of them has in the subject-matter of these
proceedings.
The interlocutory injunction which they seek is
expressed in these terms in the summons:
"[P]ending the determination by this Court of the applicants' application for the grant of special leave to appeal and, if special leave to appeal is granted by this Court, pending
the final determination of the appeal or until further order, the ... respondent by himself, his servants and agents be restrained from without the prior written consent of the first applicant using or applying the information, documents and materials which are identified as 'Confidential' in Exhibits 6A and 6B in proceedings numbered G298 of 1990 and G299 of 1990 in the Federal Court of Australia, for any purpose other than the exercise of decision-making powers vested in him or them in relation to 'Tagamet' and 'Duractin' brands of the drug cimetidine."
In form, the injunction thus sought appears to be similar to the permanent injunction which the applicants would claim if they succeeded in obtaining a
grant of special leave and the appeal was successful.
The circumstances in which the applicants sought relief, including relief by way of declarations and permanent injunction in the Federal Court may be shortly stated. The applicants supplied certain information comprised in Exhibits 6A and 6B in the Federal Court proceedings and alleged to be confidential to the respondent with the object of securing governmental approval of a pharmaceutical of therapeutic compound, cimetidine. Cimetidine has proved to be of great value in the treatment of gastro-intestinal ulcers and has been a large revenue
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