Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 11) [2012] FCA 105

Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 11) [2012] FCA 105

After considering the invoices, their components, the reviews by Mr Thorpe and Mr Mazzeo, the rates charged, and the basis on which the invoices were rendered, the Court considered that approval should be given for payment of $1,162,684.01 as Administration Costs. The Submission by Australian Naturopathics did not require determination on this application; any application by it for an order could be addressed if and when made.

Jurisdiction
Australia
Judgment Date
17 February 2012
Procedural Posture
Representative Proceeding / Amended Interlocutory Application Dated 13 February 2012 Seeking Approval for Payment as Administration Costs Under the Settlement Distribution Scheme
Outcome
Approval granted in the terms sought in the Amended Interlocutory Application.
Legal Topics
['settlement Distribution Scheme' 'approval of Administration Costs' 'group Member Submission' 's 33 V Settlement Approval']
['representative Proceedings' 'class Actions' 'civil Procedure'] ['settlement Distribution Scheme' 'approval of Administration Costs' 'group Member Submission' 's 33 V Settlement Approval']

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Procedural Posture

Representative Proceeding / Amended Interlocutory Application Dated 13 February 2012 Seeking Approval for Payment as Administration Costs Under the Settlement Distribution Scheme

Legal Issues

  1. 1 ['Whether payment of $1,162,684.01 should be approved as forming part of the "Administration Costs" for the purposes of clause 10.1.2 of the Settlement Distribution Scheme.' 'Whether and how the Court should address the Submission filed by group member Australian Naturopathics Pty Ltd concerning assessment under the Settlement Distribution Scheme.']

Ratio Decidendi

After considering the invoices, their components, the reviews by Mr Thorpe and Mr Mazzeo, the rates charged, and the basis on which the invoices were rendered, the Court considered that approval should be given for payment of $1,162,684.01 as Administration Costs. The Submission by Australian Naturopathics did not require determination on this application; any application by it for an order could be addressed if and when made.

Court Disposition

Approval granted in the terms sought in the Amended Interlocutory Application.

Orders

  • ['Approves the payment of $1,162,684.01 as forming part of the "Administration Costs" for the purposes of clause 10.1.2 of the Settlement Distribution Scheme.']