Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447 Citation: Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (No 6) [2013] FCA 447
Parties: GRAEME ROBERT PETERSON v MERCK SHARP & DOHME (AUSTRALIA) PTY LTD (ACN 000 173 508) and MERCK & CO, INC JOAN REEVES v MERCK SHARP & DOHME (AUSTRALIA) PTY LTD (ACN 000 173 508) and MERCK & CO, INC
File numbers: VID 451 of 2006 VID 859 of 2008
Judge: JESSUP J
Date of judgment: 17 May 2013
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – application for approval of settlement under s 33V of Federal Court Act 1976 (Cth) – where settlement reached after failure of applicant's personal case – where terms of settlement did not discriminate between group members despite differences in circumstances – where no independent advice as to whether settlement in the interests of group members as a whole – whether settlement fair and reasonable in the interests of group members as a whole
Legislation: Federal Court of Australia Act 1976 (Cth) s 33V Trade Practices Act 1974 (Cth) ss 74B and 74D
Cases cited: Merck Sharp & Dohme (Australia) Pty Ltd v Peterson (No 2) [2011] FCAFC 146 Merck Sharp & Dohme (Australia) Pty Ltd v Peterson (2011) 196 FCR 145 Peterson v Merck Sharp & Dohme (Aust) Pty Ltd (2010) 184 FCR 1 Peterson v Merck Sharp & Dohme (Australia) Pty Ltd (No 5) (2010) 87 IPR 234
Date of hearing: 17 April 2013
Place: Melbourne
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