Peterson v Merck Sharpe & Dohme (Aust) Pty Ltd (No 5) [2010] FCA 605

FEDERAL COURT OF AUSTRALIA

Peterson v Merck Sharpe & Dohme (Aust) Pty Ltd (No 5) [2010] FCA 605

Citation: Peterson v Merck Sharpe & Dohme (Aust) Pty Ltd (No 5) [2010] FCA 605

Parties: GRAEME ROBERT PETERSON v MERCK SHARPE & DOHME (AUSTRALIA) PTY LTD (ACN 000 173 508) and MERCK & CO, INC.

File number: VID 451 of 2006

Judge: JESSUP J

Date of judgment: 18 June 2010

Catchwords: PRACTICE AND PROCEDURE ďż˝ Stay of execution ďż˝ Whether appropriate for court to grant stay of judgment pending determination of appeal ďż˝ Whether sufficient grounds established to displace applicant's entitlement to fruits of judgment ďż˝ Whether execution of judgment would render appeal nugatory ďż˝ Whether applicant's position could be protected by any practical expedient PRACTICE AND PROCEDURE ďż˝ Costs ďż˝ Representative proceeding ďż˝ Whether applicant entitled to costs generally ďż˝ Whether entitlement to costs should be qualified by reference to unsuccessful causes of action ďż˝ Whether costs should be taxed forthwith or await determination of appeal or conclusion of proceeding ďż˝ Whether appropriate for applicant to be reserved leave to apply for costs to be taxed on indemnity basis PRACTICE AND PROCEDURE ďż˝ Costs ďż˝ Notice to Admit ďż˝ Whether respondents should pay for applicant's proof of facts set out in Notices to Admit PRACTICE AND PROCEDURE ďż˝ Costs ďż˝ Sanderson order ďż˝ Whether applicant should pay second respondent's costs when respondents jointly represented ďż˝ Whether applicant's obligation to pay all or part of second respondent's costs should be transferred to first respondent ďż˝ Whether first respondent's conduct in the proceeding combined with circumstances regarding corporate structure of respondents made such an order appropriate