Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447

Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447

The proposed settlement fails to differentiate among group members whose circumstances and entitlement may materially vary due to the reasons identified by the Full Court; thus, the settlement is not fair and reasonable for all group members and should not be approved under s 33V of the Federal Court Act.

Jurisdiction
Australia
Judgment Date
17 May 2013
Procedural Posture
Representative Proceeding / Interlocutory Application for Approval of Settlement Under S 33 V of Federal Court of Australia Act 1976 (cth)
Outcome
Application for approval of settlement refused in both proceedings.
Legal Topics
['class Actions' 'approval of Settlement' 'fitness for Purpose' 'merchantable Quality' 'causation' 'misleading or Deceptive Conduct']
['practice and Procedure' 'consumer Law'] ['class Actions' 'approval of Settlement' 'fitness for Purpose' 'merchantable Quality' 'causation' 'misleading or Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding / Interlocutory Application for Approval of Settlement Under S 33 V of Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 ['Whether the proposed settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) should be approved as fair and reasonable in the interests of group members as a whole' 'Whether the settlement discriminates appropriately among group members given differing circumstances and entitlements' "Whether group members' claims under ss 74B and 74D of the Trade Practices Act 1974 (Cth) could succeed notwithstanding failure of the applicant's personal claim"]

Ratio Decidendi

The proposed settlement fails to differentiate among group members whose circumstances and entitlement may materially vary due to the reasons identified by the Full Court; thus, the settlement is not fair and reasonable for all group members and should not be approved under s 33V of the Federal Court Act.

Court Disposition

Application for approval of settlement refused in both proceedings.

Orders

  • ["The relief sought in the applicant's Interlocutory Application dated 15 April 2013 be refused (Peterson proceeding)." 'Costs be reserved (Peterson proceeding).' "The relief sought in the applicant's Interlocutory Application dated 15 April 2013 be refused (Reeves proceeding)." 'Costs be reserved (Reeves...