ZMB Australia Pty Ltd v Warne [2011] FCA 311

ZMB Australia Pty Ltd v Warne [2011] FCA 311

The Court has the power, whether by rules, by implication, or under express statute, to authorise a representative respondent to explore, negotiate, and enter into a compromise of a class action or suit on behalf of the represented class, subject to court approval; Mr Warne is so authorised and joined, and should be indemnified from the scheme's assets.

Jurisdiction
Australia
Judgment Date
01 April 2011
Procedural Posture
Appeal / Interlocutory/order on Joinder and Representative Powers Pending Appeal
Outcome
Application granted. Orders made for joinder, authorisation of powers to respond and settle, and indemnity for costs.
Legal Topics
['representative Proceedings' 'appeals' 'court Powers Regarding Representative Parties' 'settlement of Class Claims']
['civil Procedure'] ['representative Proceedings' 'appeals' 'court Powers Regarding Representative Parties' 'settlement of Class Claims']

Case Brief

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Procedural Posture

Appeal / Interlocutory/order on Joinder and Representative Powers Pending Appeal

Legal Issues

  1. 1 ['Whether a representative respondent on appeal may be authorised to negotiate and enter into a settlement binding the represented class, subject to court approval' 'Whether Peter Hastings Warne should be joined as a respondent and representative of members of the Mews Scheme (excluding listed exceptions) and given specific powers regarding the appeal']

Ratio Decidendi

The Court has the power, whether by rules, by implication, or under express statute, to authorise a representative respondent to explore, negotiate, and enter into a compromise of a class action or suit on behalf of the represented class, subject to court approval; Mr Warne is so authorised and joined, and should be indemnified from the scheme's assets.

Court Disposition

Application granted. Orders made for joinder, authorisation of powers to respond and settle, and indemnity for costs.

Orders

  • ['Peter Hastings Warne joined as respondent to the appeal as a representative of members of the Mews Scheme other than the identified exclusions.' 'Peter Hastings Warne is authorised to respond to the appeal, inquire into, and settle subject to court approval.' 'Mr Warne is indemnified out of assets of the Mews...