Supreme Court Decision in Cosette Proceedings
Released
Released
Announcement PDF
ASX Announcement
SUPREME COURT DECISION IN COSETTE PROCEEDINGS
14 October 2026, Adelaide, Australia: Mayne Pharma Group Limited (ASX: MYX) (Mayne Pharma)
refers to its announcement on 15 January 2026 relating to the notice of appeal filed by Cosette
with the Supreme Court of New South Wales, Court of Appeal in relation to the proposed
transaction between MaynePharma and Cosette the subject of the decision of the Supreme Court
of New South Wales delivered on 15 October 2025. Cosette is ultimately owned by Hamilton Lane
and Avista Capital.
The Supreme Court of New South Wales, Court of Appeal today delivered its judgment dismissing
the appeal brought by Cosette on all grounds and awarded Mayne Pharma its costs of the appeal.
Cosette’s appeal sought tooverturn parts of the first instance decision, including the decision that
no Mayne Material Adverse Change had occurred and that Mayne Pharma did not engage in
misleading and deceptive conduct regarding its FY25 EBITDA financial performance.
The Court of Appeal rejected every argument advanced by Cosette in support of its appeal,
affirming the findings made by Justice Black. The Court of Appeal also held that by Cosette’s
conduct at the first Court hearing in connection with the proposed Scheme, Cosette elected to
affirm the scheme implementation deed thereby foregoing any alleged right to terminate.
As disclosed on 22 May 2026, Cosette paid approximately $14.4 million to Mayne Pharma in
connection with its costs of the proceeding below. This decision has no effect on the payment of
those costs. In addition, the Court of Appeal has awarded Mayne Pharma its costs of the appeal,
which costs remains to be determined.
Mayne Pharma Board Chair, Professor Bruce Robinson said:
“We are delighted that the Court of Appeal has upheld the decision of the Supreme Court at first
instance and rejected Cosette’s attempts to assert it had any right to terminate the deal. The Court
also rejected that there had been any wrongdoing on the part of Mayne Pharma. Mayne Pharma
remains committed to continuing to maximise shareholder value and remains focussed on
continuing to strengthen the business. Mayne Pharma will continue to pursue its claims against
Cosette, Cosette Pharmaceuticals Holdings, Inc, and its controllers, Mr David Burghstahler and
Avista Capital for damages on behalf of itself and Mayne Pharma shareholders.”
Cosette has until 11 November 2026 to consider whether it will seek special leave to appeal the
decision to the High Court.
A copy of the judgement is available here.
Click here to view this announcement on Mayne Pharma’s Investor Hub.
ASX Announcement
Page 2
For further information contact:
Dr Tom Duthy
Investor Relations
+61 402 493 727
ir@maynepharma.com
Authorised for release to the ASX by the Board Chair.
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About Mayne Pharma
Mayne Pharma is an ASX-listed specialty pharmaceutical company focused on commercialising
novel pharmaceuticals, offering patients better, safe and more accessible medicines. Mayne
Pharma is a leader in dermatology and women’s health in the United States and also provides
contract development and manufacturing services to clients worldwide. Mayne Pharma has a 40-
year track record of innovation and success in developing new oral drug delivery systems. These
technologies have been successfully commercialised in numerous products that continue to be
marketed around theworld. Tolearn more about MaynePharma, pleasevisit maynepharma.com.
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