Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 9) [2011] FCA 1111

Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 9) [2011] FCA 1111

The Court approved payment of $310,158.77 as Administration Costs because the claimed amounts were supported by independent and solicitor evidence as being properly incurred and fair for the work done. The amendment to Annexure A to increase the charge-out rate was permitted as reasonable, but not retrospectively, to ensure transparency and certainty for group members.

Parties
Applicant: Pharm-a-Care Laboratories Pty Ltd (ACN 003 468 219); First Respondent: Commonwealth of Australia; Second Respondent: Terry Slater; Third Respondent: Rita MacLachlan; Fourth Respondent: Pio Cesarin; Fifth Respondent: Robert Tribe; Sixth Respondent: Noel Fraser
Jurisdiction
Australia
Judgment Date
29 September 2011
Procedural Posture
Representative Proceeding / Interlocutory Application Post Settlement Approval
Outcome
Application granted in part
Legal Topics
Representative Proceedings, Settlement Administration, Court's Supervisory Jurisdiction, Approval of Costs
Practice and Procedure Representative Proceedings Settlement Administration Court's Supervisory Jurisdiction Approval of Costs

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Parties

Pharm-a-Care Laboratories Pty Ltd (ACN 003 468 219)

Applicant

Commonwealth of Australia

First Respondent

Terry Slater

Second Respondent

Rita MacLachlan

Third Respondent

Pio Cesarin

Fourth Respondent

Robert Tribe

Fifth Respondent

Noel Fraser

Sixth Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application Post Settlement Approval

Legal Issues

  1. 1 Whether the Court should approve payment of $310,158.77 as Administration Costs pursuant to the Settlement Distribution Scheme
  2. 2 Whether Annexure A to the Settlement Distribution Scheme should be amended to increase an approved charge-out rate

Ratio Decidendi

The Court approved payment of $310,158.77 as Administration Costs because the claimed amounts were supported by independent and solicitor evidence as being properly incurred and fair for the work done. The amendment to Annexure A to increase the charge-out rate was permitted as reasonable, but not retrospectively, to ensure transparency and certainty for group members.

Court Disposition

Application granted in part

Orders

  • Payment of $310,158.77 as Administration Costs approved for purposes of clause 10.1.2 of the Settlement Distribution Scheme.
  • Annexure A to the Settlement Distribution Scheme amended from 29 September 2011 by deleting the figure of $350.00 under 'Lawyer' and replacing it with $365.00.