Bates v Dow Corning (Australia) Pty Limited [2005] FCA 927

Bates v Dow Corning (Australia) Pty Limited [2005] FCA 927

The Court approved and gave leave to discontinue the proceedings because the settlements of settling group members did not require approval under s 33V(1), being not shown to resolve all group members' claims and being ancillary to the United States Chapter 11 bankruptcy process, and because no remaining group member had instructed counsel to continue the Australian proceedings, leaving no utility in their continuation.

Jurisdiction
Australia
Judgment Date
30 June 2005
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court Act 1976 (cth) Concerning Allegedly Defective Breast Implants / Application for Leave and Approval to Discontinue the Proceedings Under S33 V(1)
Outcome
Leave and approval granted to discontinue the proceedings.
Legal Topics
['settlement Approval' 'discontinuance of Representative Proceedings' 'parallel United States Proceedings' 'chapter 11 Bankruptcy Administration']
['representative Proceedings' 'civil Procedure'] ['settlement Approval' 'discontinuance of Representative Proceedings' 'parallel United States Proceedings' 'chapter 11 Bankruptcy Administration']

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court Act 1976 (cth) Concerning Allegedly Defective Breast Implants / Application for Leave and Approval to Discontinue the Proceedings Under S33 V(1)

Legal Issues

  1. 1 ["Whether the Court's approval was required under s 33V(1) for settlements reached by some group members pursuant to a United States special settlement facility for Australian claimants" 'Whether leave should be granted to discontinue the representative proceedings']

Ratio Decidendi

The Court approved and gave leave to discontinue the proceedings because the settlements of settling group members did not require approval under s 33V(1), being not shown to resolve all group members' claims and being ancillary to the United States Chapter 11 bankruptcy process, and because no remaining group member had instructed counsel to continue the Australian proceedings, leaving no utility in their continuation.

Court Disposition

Leave and approval granted to discontinue the proceedings.

Orders

  • ['In accordance with s33V(1) of the Federal Court Act 1976 (Cth), leave and approval is given for the applicants to discontinue the proceedings.']