Appeal By Zoetis Dismissed

ON Friday, a full bench of the Federal Court of Australia dismissed an appeal by Zoetis, the makers of the Hendra vaccine, to seek orders for security for costs from the lead applicant Rachael Abbott and group members in the Hendra class action.

The judges did not allow the appeal and further ordered Zoetis to pay Ms Abbott’s costs for the appeal.

Michael Hyland, special counsel, LHD Lawyers who acts for Rachael Abbott said the failure of Zoetis’ appeal was a significant development in the Hendra class action.

“The class action can now proceed without Rachael Abbott and any group member feeling anxious that continuation of the claim would be dependent on their ability to satisfy, on a group basis, a security for costs order,” said Mr Hyland.

If Zoetis’ orders for security costs had been granted, the Federal Court would not have allowed the class action to proceed until Ms Abbott and members of the class action had contributed financial security.

Zoetis’ application for security costs were first dismissed by Justice Lee in April and the full bench of the Federal Court upheld Justice Lee’s decision by not allowing an appeal of the decision.

Related Stories – Hendra Vaccine Class Action:

• Hendra Case Sees Spike in Class Action Applicants – June 19, 2019;
• Hendra Case Progress in Court – April 10, 2019;
• Hendra Vaccine Case Update – January 18, 2019;
• Hendra Class Action – April 5, 2018.