SAMSUNG can now release its Galaxy Tab 10.1 in Australia after Apple's application for special leave to appeal was dismissed in the High Court.

A spokeswoman for Samsung confirmed the tablet will be launched in Australia in time for Christmas following the High Court decision in Sydney.

The three-judge panel dismissed Apple's application for special leave to appeal a Federal Court decision overturning a ban on the sale of the Samsung product.

The ban had been in place since October, when Apple was granted an injunction preventing the sale of the tablet in Australia on the grounds it infringed upon Apple's iPad2 touch screen patent.

It was overturned on November 30, when Samsung won its appeal against a ban on the sale of its Galaxy Tab 10.1.

The High Court last week granted a one-week stay to allow it to consider whether to accept Apple's application.

In dismissing it, the High Court also ordered Apple to pay costs.

A spokeswoman for Samsung says the company's pleased with the judgment.

She said the November 30 decision clearly affirmed their view that Apple's claims lacked merit and that an injunction shouldn't have been imposed on the Galaxy Tab 10.1.

The Federal Court has previously heard it would take seven days to launch the Galaxy for sale in Australia.

The spokeswoman said the product would be available in stores in time for the Christmas at a recommended retail price of $579 for the WiFi model and $729 for the 3G model.