Federal Court of Australia
Federal Court of Australia
Ethicon Sàrl v Gill (No 2) [2021] FCAFC 52 File number: NSD 391 of 2020
Judgment of: JAGOT, MURPHY AND LEE JJ
Date of judgment: 12 April 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – proper form of orders in accordance with s 33ZB of the Federal Court of Australia Act 1976 (Cth) – order must describe or otherwise identify with precision group members who will be affected by such an order COSTS – costs follow event – lump sum costs assessment appropriate if no resolution reached by parties
Legislation: Federal Court of Australia Act 1976 (Cth) s 33ZB
Cases cited: Ethicon Sàrl v Gill [2021] FCAFC 29 Gill v Ethicon Sàrl (No 7) [2020] FCA 700; (2020) 146 ACSR 137
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 11
Date of last submissions: 7 April 2021
Date of hearing: Determined on the papers
Counsel for the Appellants: B Walker SC and K Morgan SC with D Wong
Solicitor for the Appellants: Clayton Utz
Counsel for the Respondents: A Bannon SC with A Naylor, C Colquhoun and Z Hillman
Solicitor for the Respondents: Shine Lawyers
ORDERS NSD 391 of 2020
BETWEEN: ETHICON SÀRL First Appellant
ETHICON INC Second Appellant
JOHNSON & JOHNSON MEDICAL PTY LIMITED ACN 000 160 403 Third Appellant
AND: KATHRYN GILL First Respondent
DIANE DAWSON Second Respondent
ANN SANDERS Third Respondent
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