Servier Laboratories (Australia) Pty Ltd v GenRx Pty Ltd [2006] FCA 1763

Neither party acted unreasonably, given the urgency and commercial risks; because the underlying dispute was resolved before hearing, no order as to costs is appropriate.

Parties: Applicant: Servier Laboratories (Australia) Pty Ltd; Respondent: GenRx Pty Ltd
Jurisdiction: Australia
Judgment Date: 30 November 2006
Procedural Posture: Interlocutory Application / Costs Judgment Following Dismissal of Application
Outcome: Application dismissed; no order as to costs.
Legal Topics: Interlocutory Injunctions, Misleading and Deceptive Conduct, Therapeutic Goods Regulation, Costs

Commercial Law Interlocutory Injunctions Misleading and Deceptive Conduct Therapeutic Goods Regulation Costs

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Parties

Servier Laboratories (Australia) Pty Ltd

Applicant

GenRx Pty Ltd

Respondent

Procedural Posture

Interlocutory Application / Costs Judgment Following Dismissal of Application

Legal Issues

1 Whether to award costs where the basis for interlocutory relief has ceased to exist before determination

Ratio Decidendi

Neither party acted unreasonably, given the urgency and commercial risks; because the underlying dispute was resolved before hearing, no order as to costs is appropriate.

Court Disposition

Application dismissed; no order as to costs.

Orders

The application be dismissed.
No order as to costs.