Collin v Aspen Pharmacare Australia Pty Ltd [2013] FCA 1336

Collin v Aspen Pharmacare Australia Pty Ltd [2013] FCA 1336

The settlements were approved because the confidential counsel opinions and evidence provided a strong basis for concluding that the settlement sums were fair and reasonable for group members as a whole, the settlement distribution schemes provided for pro rata distribution by reference to assessed loss and damage using the same methodology for each group member, group members accepted their assessments as reasonable, and the respondents' separate payment of approved solicitor/client costs and disbursements meant no amount was payable by group members for those costs.

Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) / Application for Court Approval of in Principle Settlements Under S 33 V
Outcome
Application granted; settlements and settlement distribution schemes approved; proceedings against both respondents dismissed with no order as to costs; suppression and confidentiality orders made.
Legal Topics
['court Approval of Settlement' 'fair and Reasonable Settlement' 'settlement Distribution Scheme' 'group Members' 'suppression Orders' 'costs and Disbursements']
['practice and Procedure' 'representative Proceedings'] ['court Approval of Settlement' 'fair and Reasonable Settlement' 'settlement Distribution Scheme' 'group Members' 'suppression Orders' 'costs and Disbursements']

Case Brief

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 (cth) / Application for Court Approval of in Principle Settlements Under S 33 V

Legal Issues

  1. 1 ['Whether the proposed settlements of the representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth).' 'Whether the proposed settlements were fair and reasonable having regard to the claims of group members who would be bound by them.' 'Whether the proposed settlement distribution schemes fairly distributed settlement sums to group members.' 'Whether the proposed costs and disbursements arrangements were fair and reasonable to group members as a whole.']

Ratio Decidendi

The settlements were approved because the confidential counsel opinions and evidence provided a strong basis for concluding that the settlement sums were fair and reasonable for group members as a whole, the settlement distribution schemes provided for pro rata distribution by reference to assessed loss and damage using the same methodology for each group member, group members accepted their assessments as reasonable, and the respondents' separate payment of approved solicitor/client costs and disbursements meant no amount was payable by group members for those costs.

Court Disposition

Application granted; settlements and settlement distribution schemes approved; proceedings against both respondents dismissed with no order as to costs; suppression and confidentiality orders made.

Orders

  • ['Pursuant to ss 33V and/or 33ZF of the Federal Court of Australia Act 1976 (Cth), the settlement in accordance with the Aspen Deed was approved.' 'Pursuant to ss 33V and/or 33ZF of the Act, the Aspen Settlement Distribution Scheme was approved.' 'Pursuant to s 33ZF of the Act, payment of the Aspen Proposed Costs...