Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2011] FCA 1115

Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2011] FCA 1115

Approval was granted for the application of $733,852 of settlement fund interest to Maurice Blackburn for administration costs, based on uncontested evidence that costs and disbursements were fair and reasonable as compared to market rates, and the work was performed efficiently and appropriately. The court also permitted 16 late group members to participate in the settlement as exclusion would be unjust and would only marginally impact distribution to others.

Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Representative Proceeding (class Action) / Post Settlement Approval; Application for Administration Fees Approval and Late Admissions
Outcome
Application granted.
Legal Topics
['representative Proceedings' 'settlement Administration' 'costs' 'extension of Time for Group Members']
['practice and Procedure'] ['representative Proceedings' 'settlement Administration' 'costs' 'extension of Time for Group Members']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding (class Action) / Post Settlement Approval; Application for Administration Fees Approval and Late Admissions

Legal Issues

  1. 1 ['Whether to approve the payment of administration costs from the settlement distribution fund interest.' 'Whether to permit late group members to participate in the settlement after the notification deadline.']

Ratio Decidendi

Approval was granted for the application of $733,852 of settlement fund interest to Maurice Blackburn for administration costs, based on uncontested evidence that costs and disbursements were fair and reasonable as compared to market rates, and the work was performed efficiently and appropriately. The court also permitted 16 late group members to participate in the settlement as exclusion would be unjust and would only marginally impact distribution to others.

Court Disposition

Application granted.

Orders

  • ["Approval for application of $733,852 of settlement fund interest to pay Maurice Blackburn's administration costs for 15 March to 31 August 2011." 'Sixteen additional group members listed in Schedule 1 permitted to participate in the settlement despite missing deadline.']