Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391

Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391

Alphapharm had, after making all reasonable inquiries, reasonably sufficient information to enable it to decide whether to commence proceedings. The lack of discovery was not a real obstacle since it had extensive scientific evidence and had not encountered a genuine dilemma. Discovery would merely comfort Alphapharm in taking a decision it was already equipped to make, thus O 15A r 6(b) was not satisfied.

Jurisdiction
Australia
Judgment Date
24 May 1996
Procedural Posture
Application for Pre Action Discovery / Final Hearing and Judgment on Application
Outcome
Application dismissed
Legal Topics
['pre Action Discovery' 'federal Court Rules O 15 a R 6' 'trade Practices Act S 52' 'misleading or Deceptive Conduct']
['practice and Procedure'] ['pre Action Discovery' 'federal Court Rules O 15 a R 6' 'trade Practices Act S 52' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Application for Pre Action Discovery / Final Hearing and Judgment on Application

Legal Issues

  1. 1 ['Whether applicant lacks sufficient information to enable a decision to be made to commence a proceeding as required by O 15A r 6(b) of Federal Court Rules']

Ratio Decidendi

Alphapharm had, after making all reasonable inquiries, reasonably sufficient information to enable it to decide whether to commence proceedings. The lack of discovery was not a real obstacle since it had extensive scientific evidence and had not encountered a genuine dilemma. Discovery would merely comfort Alphapharm in taking a decision it was already equipped to make, thus O 15A r 6(b) was not satisfied.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'The proceeding stand over to 9.30 am on 31 May 1996 for the making of orders as to costs.' 'By 5.00 pm on 30 May 1996 the parties supply to the Associate to Lindgren J agreed form of short minutes of orders as to costs to be made on 31 May 1996, and if agreement has not by then been...