Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 7) [2015] FCA 123

Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 7) [2015] FCA 123

The amended settlement is approved as fair and reasonable for group members and applicants, having addressed concerns previously raised and in view of advice received, notification to group members, minimal objections, and practical and statutory considerations. Dismissal of the proceedings and distribution per the terms of the Amended Agreement are appropriate under s 33V of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
26 February 2015
Procedural Posture
Representative Proceeding (class Action) / Application for Approval of Settlement Under S 33 V of Federal Court of Australia Act 1976 (cth)
Outcome
Settlement approved; proceedings dismissed.
Legal Topics
['representative Proceedings' 'approval of Settlement' 'federal Court Procedure']
['practice and Procedure'] ['representative Proceedings' 'approval of Settlement' 'federal Court Procedure']

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 (class Action) / 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 of the representative proceedings should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Whether the settlement is fair and reasonable to applicants and all group members']

Ratio Decidendi

The amended settlement is approved as fair and reasonable for group members and applicants, having addressed concerns previously raised and in view of advice received, notification to group members, minimal objections, and practical and statutory considerations. Dismissal of the proceedings and distribution per the terms of the Amended Agreement are appropriate under s 33V of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Settlement approved; proceedings dismissed.

Orders

  • ['Settlement of the proceedings as per the Amended Agreement is approved pursuant to s 33V of the Federal Court Act.' 'Proceedings VID 451 of 2006 and VID 859 of 2008 are dismissed.' 'Eligible Claimant Amount distributed in accordance with the Amended Agreement.' "All previous cost orders set aside; no order as to...