Stanford v DePuy International Limited (No 7) [2017] FCA 748

Stanford v DePuy International Limited (No 7) [2017] FCA 748

The Court approved the administrators' claimed costs and disbursements as reasonable, based on detailed affidavit evidence, supporting expert reports, and absence of objection, while noting upfront and one-off costs and that future costs should taper; the methodology and analysis supporting the costs were commercial, reasonable and sufficiently detailed.

Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Representative Proceeding / Application for Court Approval of Payment of Administration Costs Under Settlement Scheme
Outcome
Administration costs and disbursements as claimed approved by the Court
Legal Topics
['class Actions' 'costs' 'settlement Administration' 'court Approval of Administration Costs']
['practice and Procedure' 'commercial Law' 'corporations Law' 'regulator and Consumer Protection'] ['class Actions' 'costs' 'settlement Administration' 'court Approval of Administration Costs']

Case Brief

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Procedural Posture

Representative Proceeding / Application for Court Approval of Payment of Administration Costs Under Settlement Scheme

Legal Issues

  1. 1 ['Whether the administration costs and disbursements claimed by the administrators of the settlement scheme are reasonable and should be approved by the Court']

Ratio Decidendi

The Court approved the administrators' claimed costs and disbursements as reasonable, based on detailed affidavit evidence, supporting expert reports, and absence of objection, while noting upfront and one-off costs and that future costs should taper; the methodology and analysis supporting the costs were commercial, reasonable and sufficiently detailed.

Court Disposition

Administration costs and disbursements as claimed approved by the Court

Orders

  • ['Maurice Blackburn to be paid $1,669,685.60 costs and $453,763.82 disbursements (total $2,123,449.42) from the settlement sum for administration costs.' 'Shine Lawyers to be paid $1,164,318.93 costs and $163,398.81 disbursements (total $1,327,717.24) from the settlement sum for administration costs.' 'Shine Lawyers...