Federal Court of Australia
Federal Court of Australia
Fenton v Monsanto Australia Pty Ltd [2024] FCA 1525 File numbers: NSD 1971 of 2019 VID 255 of 2020 VID 256 of 2020 VID 257 of 2020
Judgment of: LEE J
Date of judgment: 24 December 2024
Catchwords: REPRSENTATIVE PROCEEDINGS – discontinuance and dismissal – where applicant in duplicative representative proceeding unsuccessful in initial trial concerning the alleged carcinogenic effects of Roundup – where applicant seeks leave to discontinue the proceeding – where respondent seeks terms on discontinuance – whether discontinuance fair and reasonable and in the interests of group members – observations as to the difference between discontinuance and dismissal – necessity of a limitation period order – observations as to meaning of "determined" – where discontinuance fair and reasonable – where no order as to costs – discontinuance approved – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) Pts IVA, VB; ss 33J, 33N(1), 33V(1), 33X, 33ZF, 33ZG, 43 Federal Court Rules 2011 (Cth) rr 26.12, 26.12(2) District Court Act 1973 (NSW)
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