Patent - judicial review - applicant sought release from undertaking given to Court for purpose of pursuit of appeal from declarations there had been "ceasing" of patent - respondent sought dismissal of application - whether 'sufficient change in circumstances' to warrant release from undertaking - whether unjust to refuse release from undertaking - whether 'possibility of an estoppel' or res judicata if undertaking maintained - s223(9) Patents Act 1990 (Cth) - held: application dismissed. H Lundbeck