Trimuryani v Retail Food Group Limited [2024] FCA 1282

Trimuryani v Retail Food Group Limited [2024] FCA 1282

The settlement was fair and reasonable for all group members because the litigation was complex, the costs and risks of continuing were significant, funding would cease if settlement was not approved, some group members benefited by releases from alleged debts, and counsel's confidential advice supported agreement; thus, settlement approval and orders were appropriate.

Parties
Applicant: Devi Trimuryani; First Respondent: Retail Food Group Limited (ACN 106 940 082); Second Respondent: Michel's Patisserie System Pty Ltd (ACN 132 424 947); Third Respondent: Michel's Leasing Pty Ltd (ACN 130 002 023)
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Representative Proceeding / Settlement Approval Application and Orders Following Hearing
Outcome
Settlement approved; proceeding dismissed
Legal Topics
Representative Proceedings, Settlement Approval, Franchising, Unconscionable Conduct, Good Faith Obligation, Unfair Contract Terms
Commercial Law Consumer Protection Corporations Law Representative Proceedings Settlement Approval Franchising Unconscionable Conduct Good Faith Obligation +1 more

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Parties

Devi Trimuryani

Applicant

Retail Food Group Limited (ACN 106 940 082)

First Respondent

Michel's Patisserie System Pty Ltd (ACN 132 424 947)

Second Respondent

Michel's Leasing Pty Ltd (ACN 130 002 023)

Third Respondent

Procedural Posture

Representative Proceeding / Settlement Approval Application and Orders Following Hearing

Legal Issues

  1. 1 Whether the proposed settlement of the representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the terms of the settlement, including mutual releases and differential benefit to group members, are fair and reasonable in the interests of all group members

Ratio Decidendi

The settlement was fair and reasonable for all group members because the litigation was complex, the costs and risks of continuing were significant, funding would cease if settlement was not approved, some group members benefited by releases from alleged debts, and counsel's confidential advice supported agreement; thus, settlement approval and orders were appropriate.

Court Disposition

Settlement approved; proceeding dismissed

Orders

  • Settlement of the proceeding approved under s 33V of the Federal Court of Australia Act 1976 (Cth) on terms of Settlement Deed
  • Applicant authorised nunc pro tunc to enter into and give effect to the Settlement Deed on behalf of Group Members