Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2015] FCA 1457

Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2015] FCA 1457

The reserved costs for the Commonwealth's applications for the case stated are covered by the Full Court's orders as costs 'of and incidental to' the proceeding. As between Sanofi Parties and Wyeth Parties, each should pay 50% of those costs. The Generic Parties' reserved costs are to be absorbed as part of their application for compensation against the Wyeth Parties, not against the Commonwealth.

Parties
Applicant: Commonwealth of Australia; First Respondent: Sanofi (formerly Sanofi-Aventis); Second Respondent: Sanofi-Aventis US LLC; Third Respondent: Bristol-Myers Squibb Investco LLC; First Respondent: Wyeth; Second Respondent: Wyeth Australia Pty Ltd; Alphapharm Pty Ltd; Generic Health Pty Ltd; Sigma Pharmaceuticals (Australia) Pty Ltd; Pharmathen SA; Pharmathen Industrial SA
Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Case Stated / Post Appellate Stage (costs Following Full Court Judgment)
Outcome
Costs clarifications and allocations made.
Legal Topics
Costs, Case Stated, Party/party Costs
Civil Procedure Costs Case Stated Party/party Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Commonwealth of Australia

Applicant

Sanofi (formerly Sanofi-Aventis)

First Respondent

Sanofi-Aventis US LLC

Second Respondent

Bristol-Myers Squibb Investco LLC

Third Respondent

Wyeth

First Respondent

Wyeth Australia Pty Ltd

Second Respondent

Alphapharm Pty Ltd

Generic Health Pty Ltd

Sigma Pharmaceuticals (Australia) Pty Ltd

Pharmathen SA

Pharmathen Industrial SA

Procedural Posture

Case Stated / Post Appellate Stage (costs Following Full Court Judgment)

Legal Issues

  1. 1 Whether the costs awarded to the Commonwealth include the costs of making the applications for the case stated in each proceeding.
  2. 2 How the reserved costs relating to applications for stated case should be allocated among the parties.

Ratio Decidendi

The reserved costs for the Commonwealth's applications for the case stated are covered by the Full Court's orders as costs 'of and incidental to' the proceeding. As between Sanofi Parties and Wyeth Parties, each should pay 50% of those costs. The Generic Parties' reserved costs are to be absorbed as part of their application for compensation against the Wyeth Parties, not against the Commonwealth.

Court Disposition

Costs clarifications and allocations made.

Orders

  • The costs awarded to the Commonwealth include the Commonwealth's costs of making the application for the case stated in each proceeding (NSD 1639 of 2007, VID 195 of 2009, NSD 596 of 2009, NSD 1124 of 2009).
  • As between the Wyeth Parties and the Generic Parties, the Generic Parties' costs of the interlocutory applications heard on 10 March 2015 are the applicant's costs in its interlocutory application seeking compensation from the Wyeth Parties.