On 30 August 2019 Zoetis’ Application Seeking Leave to Appeal from the judgement handed down by Judge Lee on 4 April 2019 proceeded to hearing before a Full Bench of the Federal Court. The Full Bench was constituted by Chief Justice Allsop, Justice Perram and Justice Beach.
In the 4 April 2019 Judgement, Judge Lee had dismissed Zoetis’ Interlocutory Application seeking orders for security of costs.
In a unanimous decision, the Full Bench did not grant Zoetis Appeal Application. Zoetis were also ordered to pay the lead Applicant, Rachael Abbott’s costs of the appeal.
Zoetis’s failure to succeed in their appeal application is a very significant development.
The class action can now proceed in the Federal Court without any group member being intimidated by the prospect that continuation of the claim would be dependent on their ability to satisfy, on a group basis, a security for costs order.