Gordagen Pharmaceuticals Pty Ltd v Commonwealth Scientific and Industrial Research Organisation [2014] FCA 1058

Gordagen Pharmaceuticals Pty Ltd v Commonwealth Scientific and Industrial Research Organisation [2014] FCA 1058

Gordagen did not make reasonable inquiries before bringing the application because it failed to avail itself of CSIRO's 17 April 2014 offer to provide two patent specifications in confidence and to engage further with that offer. The requirements of r 7.23 were therefore not satisfied, and the application for preliminary discovery was dismissed.

Jurisdiction
Australia
Judgment Date
22 September 2014
Procedural Posture
Application for Preliminary Discovery Pursuant to R 7.23 of the Federal Court Rules 2011 (cth) / Interlocutory Application
Outcome
Application dismissed with costs.
Legal Topics
['preliminary Discovery' 'reasonable Inquiries' 'overarching Purpose' 'costs']
['civil Procedure'] ['preliminary Discovery' 'reasonable Inquiries' 'overarching Purpose' 'costs']

Case Brief

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Procedural Posture

Application for Preliminary Discovery Pursuant to R 7.23 of the Federal Court Rules 2011 (cth) / Interlocutory Application

Legal Issues

  1. 1 ['Whether Gordagen had made reasonable inquiries before seeking preliminary discovery under r 7.23 of the Federal Court Rules 2011 (Cth).' 'Whether Gordagen had sufficient information to decide whether to start a proceeding against CSIRO.' 'Whether the application should be dismissed on discretionary grounds having regard to the overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Gordagen did not make reasonable inquiries before bringing the application because it failed to avail itself of CSIRO's 17 April 2014 offer to provide two patent specifications in confidence and to engage further with that offer. The requirements of r 7.23 were therefore not satisfied, and the application for preliminary discovery was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application dated 24 April 2014 be dismissed with costs.' 'The Prospective Applicant pay to the Prospective Respondent the costs of and incidental to the interlocutory application.']