Peterson v Merck Sharpe & Dohme (Australia) Pty Ltd [2006] FCA 875

FEDERAL COURT OF AUSTRALIA Peterson v Merck Sharpe & Dohme (Australia) Pty Ltd [2006] FCA 875 GRAEME ROBERT PETERSON v MERCK SHARPE & DOHME (AUSTRALIA) PTY LTD (ACN 000 173 508) and ANOR VID 451 OF 2006 JESSUP J 6 JULY 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 451 OF 2006

BETWEEN: GRAEME ROBERT PETERSON

APPLICANT

AND: MERCK SHARP & DOHME (AUSTRALIA) PTY LTD

(ACN 000 173 508)

FIRST RESPONDENT

MERCK & CO. INC

SECOND RESPONDENT

JUDGE: JESSUP J

DATE OF ORDER: 4 JULY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Applicant have leave to file and serve on or before 7 July 2006 an Application in the form filed on 3 July 2006. 2. On and from the date it is filed, the Application referred to in the previous order stand as the originating process herein. 3. Subject to the next succeeding order, the Applicant have leave to file and serve on or before 7 July 2006 an Amended Statement of Claim in the form filed on 3 July 2006. 4. In the Amended Statement of Claim referred to in the previous order, the Applicant - (a) provide particulars of the word "safe" in paragraph 46; (b) remove the present inconsistency between the formulation "could materially increase the risk" in paragraphs 12, 16, 17, 18, 19 and 59 on the one hand, and the formulation "materially increased the risk" appearing elsewhere on the other hand. 5. The Respondents' objections to the Amended Statement of Claim argued before the Court today otherwise be dismissed. 6. The Respondents have leave to request on or before 14 July 2006 further and better particulars of the Amended Statement of Claim as so filed as they may be advised. 7. In the event that any such request is made, the Applicant provide a response thereto on or before 21 July 2006. 8. The Respondents file and serve their defence or defences on or before 4 August 2006. 9. On or before 17 July 2006 the Applicant serve upon the respondents a draft notice in accordance with section 33X(1)(a) of the Federal Court of Australia Act 1976. 10. On or before 24 July 2006 the Respondents serve upon the Applicant their written response to the Applicant's draft notice under section 33X(1)(a) of the Federal Court of Australia Act 1976. 11. The proceedings be listed for directions and for the purpose of approving the notice under section 33X(1)(a) of the Federal Court of Australia Act 1976 on 31 July 2006 at 10.15 am. 12. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA