H. Lundbeck A/S v Sandoz Pty Ltd [2011] NSWSC 1297

Supreme Court New South Wales

Medium Neutral Citation: H. Lundbeck A/S v Sandoz Pty Ltd [2011] NSWSC 1297 Hearing dates: Wednesday, 26 October 2011 Decision date: 26 October 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Defendant restrained from disclosing terms of, or part of, settlement agreement between defendant and plaintiff. Catchwords: INJUNCTIONS - Plaintiff and defendant parties to confidential settlement agreement in relation to prior litigious dispute - defendant seeks to disclose terms of agreement to law firm acting for defendant and other parties in proceedings before Administrative Appeals Tribunal - proceedings on foot in Administrative Appeals Tribunal pertain to patent the subject of the settlement agreement - no evidence terms of settlement agreement in public domain - settlement agreement potentially exposes terms on which plaintiff willing to compromise litigation - impossible for law firm acting for defendant and other parties to put out of its mind the terms of the agreement in developing tactics and undertaking negotiations on behalf of and for benefit of its other clients - injunction granted restraining disclosure. Legislation Cited: (CTH) Administrative Appeals Tribunal Act, 1975, s 40, s 43 (CTH) Patents Act, 1990, s 70, s 223 Cases Cited: AG Australia Holdings v Burton [2002] NSWSC 454 Carindale Country Club Estate Pty Ltd v Astill and Others (1993) 42 FCR 307 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR Maggbury Pty Ltd and Another v Hafele Australia Pty Ltd and Another (2001) 210 CLR 181 Category: Principal judgment Parties: H. Lundbeck A/S (plaintiff) Sandoz Pty Ltd (defendant) Representation: Counsel: Mr D Shavin SC with Mr G Raffell (plaintiff) Mr D Studdy SC with Mr A Fox (defendant) Solicitors: Corrs Chambers Westgarth (plaintiff) Griffith Hack Lawyers (defendant) File Number(s): 2011/269958