Courtney v Medtel Pty Limited [2001] FCA 1037

Courtney v Medtel Pty Limited [2001] FCA 1037

Because the respondents maintained a reasonably current database of Group Members, the cost of registered mail was relatively modest, and registered mail would show which notices were not delivered, personal notice by pre-paid registered post was reasonably practicable and not unduly expensive. The approved Annexure B notice better achieved accuracy, simplicity and sensitivity than the original draft, and an agreed protocol for identifying deceased Group Members and addressing notices to executors, administrators or estates was a reasonable approach in the circumstances.

Jurisdiction
Australia
Judgment Date
02 August 2001
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) Concerning St Jude Tempo Pacemakers / Motion for Approval and Distribution of Opt Out Notice and Fixing of Opt Out Date
Outcome
Opt out date fixed, opt out notice approved, and orders made for notice by pre-paid registered post with a protocol for deceased Group Members.
Legal Topics
['opt Out Notices' 'personal Notice to Group Members' 'deceased Group Members' 'misleading or Deceptive Conduct' 'defective Goods' 'pacemakers']
['representative Proceedings' 'consumer Protection' 'product Liability' 'negligence'] ['opt Out Notices' 'personal Notice to Group Members' 'deceased Group Members' 'misleading or Deceptive Conduct' 'defective Goods' 'pacemakers']

Case Brief

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) Concerning St Jude Tempo Pacemakers / Motion for Approval and Distribution of Opt Out Notice and Fixing of Opt Out Date

Legal Issues

  1. 1 ['Whether the Court should approve the form and content of the opt out notice under s 33Y(2) of the Federal Court of Australia Act 1976 (Cth).' 'Whether notice should be given personally to Group Members by pre-paid registered post and whether that was reasonably practicable and not unduly expensive under s 33Y(5) of the Federal Court of Australia Act 1976 (Cth).' 'What steps should be taken to identify deceased Group Members and address notices to executors or administrators of their estates.' 'What date should be fixed by which Group Members may opt out of the representative proceeding.']

Ratio Decidendi

Because the respondents maintained a reasonably current database of Group Members, the cost of registered mail was relatively modest, and registered mail would show which notices were not delivered, personal notice by pre-paid registered post was reasonably practicable and not unduly expensive. The approved Annexure B notice better achieved accuracy, simplicity and sensitivity than the original draft, and an agreed protocol for identifying deceased Group Members and addressing notices to executors, administrators or estates was a reasonable approach in the circumstances.

Court Disposition

Opt out date fixed, opt out notice approved, and orders made for notice by pre-paid registered post with a protocol for deceased Group Members.

Orders

  • ['Pursuant to s 33J(1) of the Federal Court of Australia Act 1976 (Cth), 12 October 2001 was fixed as the date by which a Group Member may opt out of the proceedings.' 'The form and content of the notice in Annexure B to the reasons was approved for the purposes of s 33Y(2) of the Federal Court of Australia Act 1976...