Winterford v Pfizer Australia Pty Ltd [2015] FCA 426

The proposed settlement sum is a fair and reasonable compromise for the claims of participating group members and does not adversely affect their interests, but approval is withheld pending amendments to the independent review process to ensure adequate rights for group members.

Parties: Applicant: Ian Winterford; Respondent: Pfizer Australia Pty Ltd; Objector/group Member: Ms D Skea; Objector/group Member: Mr R Stokeld
Jurisdiction: Australia
Judgment Date: 07 May 2015
Procedural Posture: Representative Proceedings/class Action / Application for Approval of Settlement Under S 33 V Federal Court of Australia Act 1976 (cth)
Outcome: Settlement approval withheld pending amendment; proceeding relisted for further hearing
Legal Topics: Representative Proceedings, Settlement Approval, Class Actions, Costs

Practice and Procedure Representative Proceedings Settlement Approval Class Actions Costs

Case Brief

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Parties

Ian Winterford

Applicant

Pfizer Australia Pty Ltd

Respondent

Ms D Skea

Objector/group Member

Mr R Stokeld

Objector/group Member

Procedural Posture

Representative Proceedings/class Action / Application for Approval of Settlement Under S 33 V Federal Court of Australia Act 1976 (cth)

Legal Issues

1 Whether the proposed settlement of representative proceedings should be approved as fair and reasonable under s 33V/s 33ZF of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Court Disposition

Settlement approval withheld pending amendment; proceeding relisted for further hearing

Orders

The proceeding be listed for further hearing on 21 May 2015 at 10.15am.
Costs be reserved.