McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors [1997] FCA 1426

McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors [1997] FCA 1426

The Court refused confidentiality over payments reflected in court orders, as transparency was required for determinations of the court. Costs were ordered on a party/party basis up to and including 5 November 1997, as no grounds were established for indemnity costs. The costs order was not deferred pending assessment of total damages against a pre-trial offer because statutory requirements for approval of settlement in representative proceedings with unidentified group members make such comparison impractical at this stage.

Parties
Applicants: Brian McMullin and Leone Margaret McMullin; First Respondent: ICI Australia Operations Pty Ltd; Second Respondent: ICI Australia Limited; Third Respondent: Crop Care Australia Pty Limited
Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Representative Proceeding / Post Judgment (assessment of Damages and Costs Order)
Outcome
Damages and costs orders made as specified; confidentiality over payment amounts refused; costs to be paid on a party/party basis up to 5 November 1997.
Legal Topics
Confidentiality of Orders, Costs in Representative Proceedings, Approval of Settlement or Discontinuance
Civil Procedure Class Actions Costs Confidentiality of Orders Costs in Representative Proceedings Approval of Settlement or Discontinuance

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Parties

Brian McMullin and Leone Margaret McMullin

Applicants

ICI Australia Operations Pty Ltd

First Respondent

ICI Australia Limited

Second Respondent

Crop Care Australia Pty Limited

Third Respondent

Procedural Posture

Representative Proceeding / Post Judgment (assessment of Damages and Costs Order)

Legal Issues

  1. 1 Whether confidentiality should be ordered over the amounts of court-assessed damages
  2. 2 Whether costs order should be deferred pending comparison with pre-trial offer
  3. 3 Basis on which costs should be awarded in representative proceedings with unidentified group members

Ratio Decidendi

The Court refused confidentiality over payments reflected in court orders, as transparency was required for determinations of the court. Costs were ordered on a party/party basis up to and including 5 November 1997, as no grounds were established for indemnity costs. The costs order was not deferred pending assessment of total damages against a pre-trial offer because statutory requirements for approval of settlement in representative proceedings with unidentified group members make such comparison impractical at this stage.

Court Disposition

Damages and costs orders made as specified; confidentiality over payment amounts refused; costs to be paid on a party/party basis up to 5 November 1997.

Orders

  • The respondents to pay specified sums to solicitors for applicants and group members by 12 December 1997.
  • The respondents to pay the applicants' costs up to and including 5 November 1997.