Johnston v Endeavour Energy [2016] NSWSC 1132

Johnston v Endeavour Energy [2016] NSWSC 1132

Provisional approval given as settlement and revised SDS are fair and reasonable for group members, reflecting significant insurer compromise, low prospects of liability, proportional distribution, acceptable costs, and compliance with relevant principles and notice. Agreement with insurance intervenors also fair and reasonable and in the interests of all group members.

Parties
Plaintiff: Sean Johnston; First Defendant: Endeavour Energy; Insurance Intervenor: Insurance Australia Group (IAG); Insurance Intervenor: Allianz; Insurance Intervenor: AAI Limited; Insurance Intervenor: CommInsure
Jurisdiction
Australia
Judgment Date
18 August 2016
Procedural Posture
Class Action / Settlement Approval; Provisional Approval
Outcome
Provisional approval of settlement and revised Settlement Distribution Scheme granted. Date fixed for objections and final approval hearing.
Legal Topics
Class Action, Settlement Approval, Group Proceedings, Insurance Reimbursement, Bushfire Liability
Common Law Civil Procedure Class Action Settlement Approval Group Proceedings Insurance Reimbursement Bushfire Liability

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Parties

Sean Johnston

Plaintiff

Endeavour Energy

First Defendant

Insurance Australia Group (IAG)

Insurance Intervenor

Allianz

Insurance Intervenor

AAI Limited

Insurance Intervenor

CommInsure

Insurance Intervenor

Procedural Posture

Class Action / Settlement Approval; Provisional Approval

Legal Issues

  1. 1 Whether the proposed settlement and revised Settlement Distribution Scheme (SDS) are fair and reasonable in the interests of all group members
  2. 2 Whether partial reimbursement to insurers reflected in the revised SDS is fair and reasonable for group members
  3. 3 Prospects of group members’ success if litigation continued

Ratio Decidendi

Provisional approval given as settlement and revised SDS are fair and reasonable for group members, reflecting significant insurer compromise, low prospects of liability, proportional distribution, acceptable costs, and compliance with relevant principles and notice. Agreement with insurance intervenors also fair and reasonable and in the interests of all group members.

Court Disposition

Provisional approval of settlement and revised Settlement Distribution Scheme granted. Date fixed for objections and final approval hearing.

Orders

  • Provisional approval of settlement and payment to insurers from settlement sum under revised SDS.
  • Notice required to be distributed to group members as ordered.