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undertaking as to damagespharmaceuticalscausation
Commonwealth of Australia v Sanofi & Ors
[2024] HCA 47
Key Principle
A party seeking compensation under the 'usual undertaking as to damages' given on the grant of an interlocutory injunction must prove on the balance of probabilities that its loss flowed directly from the injunction, and the Commonwealth failed to establish the requisite causal connection between Sanofi's clopidogrel injunction and increased PBS costs.
Area of Law
commercial
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