McDonald v Parnell Laboratories (Aust) (No 2)

The applicant, McDonald, brought an action against Parnell Laboratories (Aust), and several others, seeking damages for breach of statutory duty under the Therapeutic Goods Act 1989 (Cth) and common law negligence. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the applicant had standing to bring the action on behalf of the class of people who had taken the drug, Fen-Phen, manufactured by Parnell Laboratories.

The court considered whether the applicant had established that he had suffered loss or damage as a result of the drug, and whether he had standing to bring the action on behalf of the class. The court held that the applicant had standing to bring the action on behalf of the class, but that he had failed to establish that he had suffered any loss or damage as a result of taking the drug. The court further held that the applicant's claim for damages was statute-barred.

The court ordered that the applicant pay the respondents' costs up to and including 6 August 2007 in accordance with Schedule 1 of the Federal Magistrates Court Rules 2001. The court further ordered that the applicant pay the respondents' costs from 7 August 2007 to the date of this judgment on an indemnity basis, such costs to be taxed in accordance with O 62 of the Federal Court Rules, if not agreed.