Pharm-A-Care Laboratories Pty Limited v Commonwealth of Australia [2011] NSWSC 277

Pharm-A-Care Laboratories Pty Limited v Commonwealth of Australia [2011] NSWSC 277

It was appropriate to dispense with the requirements of Pt 10 of the Civil Procedure Act 2005 because the Supreme Court proceedings substantially overlapped with the Federal Court proceedings, the settlement had already been subjected to a rigorous Federal Court approval process, all group members including the nine additional Supreme Court members had been notified, the settlement was reached before an experienced mediator, Pt 10 commenced only after the mediation and settlement, all parties consented, and no objection had been made by any of the nine additional members.

Jurisdiction
Australia
Judgment Date
05 April 2011
Procedural Posture
Representative Proceedings / Application by the Plaintiff Pursuant to Cl 18(3) Sch 6 Civil Procedure Act 2005 to Dispense With the Requirements of Pt 10 of the CPA
Outcome
Application granted; requirements of Pt 10 of the Civil Procedure Act 2005 dispensed with; proceedings dismissed by consent with no order as to costs.
Legal Topics
['settlement Approval' 'transitional Provisions' 'dispensing With Procedural Requirements' 'consent Orders']
['practice and Procedure' 'representative Proceedings'] ['settlement Approval' 'transitional Provisions' 'dispensing With Procedural Requirements' 'consent Orders']

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Procedural Posture

Representative Proceedings / Application by the Plaintiff Pursuant to Cl 18(3) Sch 6 Civil Procedure Act 2005 to Dispense With the Requirements of Pt 10 of the CPA

Legal Issues

  1. 1 ['Whether the Court should dispense with the requirements of Pt 10 of the Civil Procedure Act 2005, including the requirement for approval of settlement under s 173, in relation to these representative proceedings.' 'Whether dispensing with the requirements of Pt 10 was appropriate or necessary to ensure that justice is done in the proceedings.']

Ratio Decidendi

It was appropriate to dispense with the requirements of Pt 10 of the Civil Procedure Act 2005 because the Supreme Court proceedings substantially overlapped with the Federal Court proceedings, the settlement had already been subjected to a rigorous Federal Court approval process, all group members including the nine additional Supreme Court members had been notified, the settlement was reached before an experienced mediator, Pt 10 commenced only after the mediation and settlement, all parties consented, and no objection had been made by any of the nine additional members.

Court Disposition

Application granted; requirements of Pt 10 of the Civil Procedure Act 2005 dispensed with; proceedings dismissed by consent with no order as to costs.

Orders

  • ['Pursuant to cl 18(3) of sch 6 of the Civil Procedure Act 2005, the requirements of Pt 10 of the Act be dispensed with.' 'The proceedings be dismissed on the basis that the plaintiff and/or the represented parties shall not claim in any subsequent proceedings in this or any other court any relief in respect of the...