Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 14) [2012] FCA 985

Procedural Posture

Representative Proceeding Under Pt IVA of the Federal Court of Australia Act 1976 / Interlocutory Application for Approval of Payment of Administration Costs Under a Settlement Distribution Scheme and Revocation of Liberty to Apply

Legal Issues

1. 1 ['Whether further fees and costs incurred in administering and distributing settlement monies should be approved as Administration Costs for the purposes of clause 10.1.2 of the Settlement Distribution Scheme.' 'Whether the liberty reserved to the administrator to apply to the Court for approval for further administration and distribution costs should be revoked.']

Ratio Decidendi

Because each of the claimed amounts was supported by evidence and separately reviewed, and the fees and costs arose from matters not foreseen when the last approval was given in April 2012, the Court approved payment of $99,972.57 as Administration Costs under clause 10.1.2. In light of counsel's assurance that no further application for Administration Costs was foreseen, the Court revoked the administrator's reserved liberty to apply as from 5 October 2012.

Court Disposition

Application granted; payment approved and liberty to apply revoked from 5 October 2012.

Orders

• ['Approves the payment of $99,972.57 as forming part of the "Administration Costs" for the purposes of clause 10.1.2 of the Settlement Distribution Scheme.' 'As from 5 October 2012 revokes order 3 as made on 14 April 2011 insofar as it reserves liberty to the administrator to apply to the Court for approval for...