Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2017] FCA 382

Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2017] FCA 382

Clause 6 of the settlement deed is unenforceable insofar as it relates to the Commonwealth's claim for compensation and prevents Apotex from releasing any witness or prospective witness from an obligation of confidence regarding relevant information, as it has a tendency to interfere adversely with the administration of justice and is contrary to public policy.

Jurisdiction
Australia
Judgment Date
19 April 2017
Procedural Posture
Interlocutory Application / Ruling on Enforceability of Settlement Deed Clause
Outcome
Clause 6 is partly unenforceable; declaration granted; no injunction; issues of costs reserved.
Legal Topics
['enforceability of Settlement Clauses' 'public Policy and Administration of Justice' 'legal Professional Privilege' 'confidentiality' 'patents']
['contract Law' 'civil Procedure' 'intellectual Property'] ['enforceability of Settlement Clauses' 'public Policy and Administration of Justice' 'legal Professional Privilege' 'confidentiality' 'patents']

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Procedural Posture

Interlocutory Application / Ruling on Enforceability of Settlement Deed Clause

Legal Issues

  1. 1 ['Whether clause 6 of the settlement deed is unenforceable due to tendency to interfere adversely with the administration of justice' "Whether settlement deed clauses impede the Commonwealth's preparation of its case" 'Whether the public interest outweighs the enforceability of the clause']

Ratio Decidendi

Clause 6 of the settlement deed is unenforceable insofar as it relates to the Commonwealth's claim for compensation and prevents Apotex from releasing any witness or prospective witness from an obligation of confidence regarding relevant information, as it has a tendency to interfere adversely with the administration of justice and is contrary to public policy.

Court Disposition

Clause 6 is partly unenforceable; declaration granted; no injunction; issues of costs reserved.

Orders

  • ["Clause 6 of the settlement deed dated 4 November 2014 is unenforceable insofar as it relates to the Commonwealth of Australia's claim for compensation filed 11 April 2013 and prevents Apotex from releasing any witness or prospective witness from any obligation of confidence in respect of information relevant to...