Darwalla Milling Co Pty Ltd & Ors v F Hoffman–La Roche Ltd & Ors (No 2) [2006] FCA 1388

Darwalla Milling Co Pty Ltd & Ors v F Hoffman–La Roche Ltd & Ors (No 2) [2006] FCA 1388

The court's approval is required for settlement of representative proceedings under s 33V Federal Court of Australia Act 1976, to ensure fairness and reasonableness for group members as a whole. After considering the structure and effects of the settlement, expert evidence, adequacy of notice to group members, absence of objections, and appropriateness of the distribution scheme and reimbursement payments, the court is satisfied that the settlement and scheme are fair and reasonable and should be approved.

Parties
First Applicant: Darwalla Milling Co Pty Ltd; Second Applicant: Lienert Australia Pty Ltd; Third Applicant: Brisbane Export Corporation Pty Ltd; First Respondent: F Hoffman–La Roche Ltd; Second Respondent: Roche Products Pty Ltd; Third Respondent: Roche Vitamins Australia Pty Ltd; Fourth Respondent: Roche Vitamins Asia Pacific Pte Ltd; Sixth Respondent: Aventis SA; Seventh Respondent: Aventis Animal Nutrition Pty Ltd; Eighth Respondent: Aventis Animal Nutrition SA; Ninth Respondent: Aventis Animal Nutrition Asia Pacific Pte Ltd; Tenth Respondent: BASF Aktiengesellschaft; Eleventh Respondent: BASF Australia Ltd; Thirteenth Respondent: BASF East Asia Regional Headquarters Pty Ltd
Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Representative Proceeding (pt Iva, Federal Court of Australia Act 1976) / Settlement Approval Under S 33 V Federal Court of Australia Act 1976
Outcome
Settlement approved under s 33V Federal Court of Australia Act 1976
Legal Topics
Cartel Conduct, Anticompetitive Agreements, Settlement Approval, Damages, Remedies Under Trade Practices Act
Competition Law Class Actions Cartel Conduct Anticompetitive Agreements Settlement Approval Damages Remedies Under Trade Practices Act

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Parties

Darwalla Milling Co Pty Ltd

First Applicant

Lienert Australia Pty Ltd

Second Applicant

Brisbane Export Corporation Pty Ltd

Third Applicant

F Hoffman–La Roche Ltd

First Respondent

Roche Products Pty Ltd

Second Respondent

Roche Vitamins Australia Pty Ltd

Third Respondent

Roche Vitamins Asia Pacific Pte Ltd

Fourth Respondent

Aventis SA

Sixth Respondent

Aventis Animal Nutrition Pty Ltd

Seventh Respondent

Aventis Animal Nutrition SA

Eighth Respondent

Aventis Animal Nutrition Asia Pacific Pte Ltd

Ninth Respondent

BASF Aktiengesellschaft

Tenth Respondent

BASF Australia Ltd

Eleventh Respondent

BASF East Asia Regional Headquarters Pty Ltd

Thirteenth Respondent

Procedural Posture

Representative Proceeding (pt Iva, Federal Court of Australia Act 1976) / Settlement Approval Under S 33 V Federal Court of Australia Act 1976

Legal Issues

  1. 1 Whether the proposed settlement of a Pt IVA representative action should be approved under s 33V Federal Court of Australia Act 1976 as fair and reasonable for group members
  2. 2 Whether the settlement distribution scheme is fair and reasonable
  3. 3 Whether the applicants’ reimbursement claims are fair and reasonable

Ratio Decidendi

The court's approval is required for settlement of representative proceedings under s 33V Federal Court of Australia Act 1976, to ensure fairness and reasonableness for group members as a whole. After considering the structure and effects of the settlement, expert evidence, adequacy of notice to group members, absence of objections, and appropriateness of the distribution scheme and reimbursement payments, the court is satisfied that the settlement and scheme are fair and reasonable and should be approved.

Court Disposition

Settlement approved under s 33V Federal Court of Australia Act 1976

Orders

  • Confidential exhibits remain sealed by order.
  • Settlement of the proceeding in accordance with the heads of agreement and settlement distribution scheme is approved.