Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2009] FCAFC 26
Federal Court of Australia Act 1976 (Cth) ss 33N, 33ZF
Courtney v Medtel Pty Ltd (2003) 126 FCR 219 cited
MERCK SHARP & DOHME (AUSTRALIA) PTY LTD (ACN 000 173 508) and MERCK & CO., INC v GRAEME ROBERT PETERSON
VID 24 of 2009
MOORE, SUNDBERG AND TRACEY JJ
11 MARCH 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 24 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MERCK SHARP & DOHME (AUSTRALIA) PTY LTD
(ACN 000 173 508)
First Appellant
MERCK & CO., INC
Second Appellant
AND: GRAEME ROBERT PETERSON
Respondent
JUDGES: MOORE, SUNDBERG AND TRACEY JJ
DATE OF ORDER: 11 MARCH 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal from the trial judge's order of 5 December 2008 in so far as it dismissed the claim for relief sought in paragraph 2 of the motion notice of which was filed on 24 November 2008 (the relief sought) be allowed. 2. The order of 5 December 2008 be set aside in so far as it relates to the relief sought. 3. The relief sought be remitted to the trial judge for further hearing. 4. Costs of the application for leave to appeal and of the appeal be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 24 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MERCK SHARP & DOHME (AUSTRALIA) PTY LTD
(ACN 000 173 508)
First Appellant
MERCK & CO., INC
Second Appellant
AND: GRAEME ROBERT PETERSON
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