Stanford v DePuy International Ltd (No 6) [2016] FCA 1452

Stanford v DePuy International Ltd (No 6) [2016] FCA 1452

The settlement of $250 million, with its associated scheme and eligibility criteria, is within the range of reasonable compromises having regard to the complexity and risks of the litigation and is fair and reasonable and in the interests of group members as a whole under s 33V of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Representative Proceeding (class Action) / Approval of Settlement After Trial, Before Judgment Delivered
Outcome
Settlement approved. Proceeding dismissed with ancillary orders.
Legal Topics
['representative Proceedings' 'court Approval of Settlement' 'assessment of Reasonableness of Settlement' 'class Action Litigation' 'product Defects' 'compensation Schemes']
['practice and Procedure' 'product Liability' 'consumer Law'] ['representative Proceedings' 'court Approval of Settlement' 'assessment of Reasonableness of Settlement' 'class Action Litigation' 'product Defects' 'compensation Schemes']

Case Brief

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Procedural Posture

Representative Proceeding (class Action) / Approval of Settlement After Trial, Before Judgment Delivered

Legal Issues

  1. 1 ['Whether the proposed settlement is fair and reasonable and in the interests of group members as a whole under s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Whether the settlement scheme, including eligibility and exclusion criteria, is fair and reasonable' 'Whether settlement approval costs and administration costs are reasonable' 'Whether the legal costs and reimbursement costs for lead applicants are reasonable' 'Whether the releases and indemnities in the settlement are reasonable']

Ratio Decidendi

The settlement of $250 million, with its associated scheme and eligibility criteria, is within the range of reasonable compromises having regard to the complexity and risks of the litigation and is fair and reasonable and in the interests of group members as a whole under s 33V of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Settlement approved. Proceeding dismissed with ancillary orders.

Orders

  • ['The settlement of the proceeding is approved on the terms set out in the Settlement Deed dated 31 March 2016 and Amended Settlement Scheme dated 17 June 2016.' 'The proceeding is dismissed as a defence and absolute bar to claims with respect to ASR Claims as defined, with no order as to costs.' 'Applicants’ Costs...