JOIN THE CLASS ACTION- or AT LEAST MAKE AN INQUIRY-  a phone call costs little after what you may have lost. Contact LHD Lawyers - Tel: 02 9264-6644

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UPDATE ON CLASS ACTION AFTER LAST FRIDAY'S 30 AUGUST, WIN FOR THE HORSES AND THEIR OWNERS

 

*** Zoetis failed on security for costs application. There are no costs to join the class action. The avenue for appeal by Zoetis has been lost***

 

Looking forward to the "discovery" stage.

 

On 21 June 2018 Zoetis filed an Interlocutory Application in the Federal Court. In the Application Zoetis were seeking orders for security for their legal costs. If the Application had been successful, the Court would not have permitted the class action to proceed until an amount set by the Court, as security for Zoetis's costs, had been paid by the lead applicant Rachael Abbott and group members.

 

Zoetis’ Application proceeded to hearing on 14 March 2019 before Judge Lee. LHD vigorously and ultimately successfully, contested the Application.

 

In a judgement entered on 4 April 2019, Judge Lee dismissed Zoetis's Application.

 

Zoetis then proceeded to file an application seeking leave to appeal Judge Lee's decision (“the Leave Application”).

 

On Friday, 30 August 2019 the Leave Application proceeded to hearing before a Full Bench of the Federal Court constituted by Chief Justice Allsop, Justice Perram and Justice Beach.

 

At the end of the hearing, the Full Bench unanimously refused the Leave Application and Zoetis were ordered to pay the Lead Applicant’s costs incurred in defending the Application.

 

Zoetis's failure to succeed on their Leave Application is a very significant positive development.

 

The class action can now proceed in the Federal Court without any group member being intimidated by the prospect that the continuation of the claim would be dependent on their ability to satisfy, on a group basis, a security for costs order.

 

We are aware that many owners of horses who were adversely affected by the Hendra vaccine had not registered as group members in the class action due to their significant concern that Zoetis would succeed on their Leave Application. The owners concerns had been exacerbated by a social media misinformation campaign being pursued against the class action. The identity of the persons behind the misinformation campaign is not known to us.

 

However, as Zoetis have failed on their security for costs application, the relevant horse owners can now proceed to register as group members without being fearful of negative implications in so doing.

 

Contact LHD Lawyers - Tel: 02 9264-6644

 SOURCE LINK :

https://www.facebook.com/permalink.php?story_fbid=2505447289687670&id=100006672704919

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FURTHER AMENDED STATEMENT OF CLAIM FILED 4 JUNE 2019

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In the Further Amended Statement of Claim filed 4 June 2019 we contend that many horses suffered serious adverse side effects which Zoetis failed to g...

 SOURCE LINK :

https://claims.lhd.com.au/hendra-virus-class-action/?fbclid=IwAR0xzmn_MPW2h312qvrd1TceRbDkJDG8gnYWsBKxtmSA623NG5pyNDFWLMw

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CASE CLAIMS VACCINE MAKER OVERSTATED HENDRA VIRUS RISK   30 Aug 2019

 SOURCE LINK :

https://www.theland.com.au/story/6355621/hendra-vaccine-under-microscope-in-court-class-action/?cs=4951&fbclid=IwAR19JATPGCx60Axbo7jwaFjr-V6Y7x_mZdxY0iGnUCrIwEbrkcpm7lnwHnM

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NEXT - HENDRA VACCINATION - THE THOROUGHBRED RACING PERSPECTIVE

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