Hamilton v Merck and Co Inc; Hutchinson v Merck Sharp and Dohme (Australia) Pty Ltd [2006] NSWCA 55

Reported Decision : 66 NSWLR 48

New South Wales Court of Appeal

CITATION: Hamilton v Merck and Co Inc; Hutchinson v Merck Sharp and Dohme (Australia) Pty Ltd [2006] NSWCA 55

HEARING DATE(S): 22 November 2005

JUDGMENT DATE: 30 March 2006

JUDGMENT OF: Spigelman CJ at 1; Handley JA at 107; Tobias JA at 165

DECISION: 1. Question 1 answered no.; 2. Question 2 does not arise.; 3. The defendants to pay the plaintiffs' costs of the stated cases and two-thirds of the costs of the hearing in this Court.; 4. Order on the notice of motion of 9 September 2005 in matter No 40575 of 2005 in this Court that the plaintiff have leave to file and serve an amended statement of claim incorporating the original statement of claim and in the alternative the proposed amended statement of claim annexed to the notice of motion.; 5. Such amendment is to take effect on and from 9 September 2005.; 6. The plaintiff is to file and serve the amended statement of claim within 28 days.; 7. The costs of the motion and the costs occasioned by the amendment and one-sixth of the costs of the hearing in this Court to abide the order of the trial Judge.; 8. Order on the notice of motion of 9 September 2005 in matter No 40576 of 2005 in this Court that the plaintiff have leave to file and serve an amended statement of claim incorporating the original statement of claim and in the alternative the proposed amended statement of claim annexed to the notice of motion.; 9. Such amendment is to take effect on and from 9 September 2005.; 10. The plaintiff is to file and serve the amended statement of claim within 28 days.; 11. The costs of the motion and the costs occasioned by the amendment and one-sixth of the costs of the hearing in this Court to abide the order of the trial Judge.; 12. Both actions remitted to the Common Law Division.