Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zoetis Australia Pty Ltd v Abbott [2019] FCAFC 153 Appeal from: Application for leave to appeal: Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462
File number: NSD 589 of 2019
Judges: ALLSOP CJ, PERRAM AND BEACH JJ
Date of judgment: 30 August 2019
Catchwords: REPRESENTATIVE PROCEEDINGS – application for leave to appeal – where primary judge refused to make an order for security for costs in primary application – where applicant alleges error by primary judge in failing to undertake balancing exercise in Bray v F Hoffman-La Roche Ltd [2003] FCAFC 153; 130 FCR 317 and Madgwick v Kelly [2013] FCAFC 61; 212 FCR 1 – no error found that went to basis of primary judge's exercise of discretion – no basis for conclusion that primary judge failed to undertake appropriate balancing – application for leave to appeal refused with costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Bray v F Hoffman-La Roche Ltd [2003] FCAFC 153; 130 FCR 317 Madgwick v Kelly [2013] FCAFC 61; 212 FCR 1
Date of hearing: 30 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicant: Mr LV Gyles SC with Mr S Fitzpatrick
Solicitor for the Applicant: Piper Alderman
Counsel for the Respondent: Mr C Barry QC with Mr JE Rowe
Solicitor for the Respondent: LHD Lawyers
ORDERS NSD 589 of 2019
BETWEEN: ZOETIS AUSTRALIA PTY LTD Applicant
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