Hardy v Reckitt Benckiser (Australia) Pty Limited (No 3) [2017] FCA 1165

Hardy v Reckitt Benckiser (Australia) Pty Limited (No 3) [2017] FCA 1165

The proposed settlement is fair and reasonable for both the parties and group members, taking into account the modest size of individual claims, the efficiency and practicality of the Settlement Scheme, the reasonableness of the litigation funder's commission, the risks and difficulties of continuing litigation, and the absence of substantial or well-founded objection.

Jurisdiction
Australia
Judgment Date
20 September 2017
Procedural Posture
Representative Proceeding / Settlement Approval
Outcome
Settlement approved; proceeding dismissed
Legal Topics
['representative Proceeding' 'settlement Approval' 'misleading or Deceptive Conduct' 'statutory Guarantees' 'damages']
['practice and Procedure' 'consumer Law'] ['representative Proceeding' 'settlement Approval' 'misleading or Deceptive Conduct' 'statutory Guarantees' 'damages']

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Procedural Posture

Representative Proceeding / Settlement Approval

Legal Issues

  1. 1 ['Whether the proposed settlement is fair and reasonable as between applicants and respondent' 'Whether the proposed settlement is fair and reasonable as between group members' 'Whether approval of the settlement should be granted pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

The proposed settlement is fair and reasonable for both the parties and group members, taking into account the modest size of individual claims, the efficiency and practicality of the Settlement Scheme, the reasonableness of the litigation funder's commission, the risks and difficulties of continuing litigation, and the absence of substantial or well-founded objection.

Court Disposition

Settlement approved; proceeding dismissed

Orders

  • ['Approval of settlement pursuant to section 33V of the Federal Court of Australia Act 1976 (Cth) in line with the Deed of Settlement' 'Notice to group members by Bannister Law' 'Publication of settlement notice in specified newspapers and on dedicated website' 'Approval of form and content of notices under sections...