Wright Rubber Pty Ltd v Bayer AG (No 3) [2011] FCA 1172

Wright Rubber Pty Ltd v Bayer AG (No 3) [2011] FCA 1172

The proposed settlement and distribution scheme were fair and reasonable to group members, justified by the material and expert estimates, and the formulae used created no actual or potential unfairness; approval was granted pursuant to s 33V of the Act.

Jurisdiction
Australia
Judgment Date
20 October 2011
Procedural Posture
Representative Proceeding/class Action / Settlement Approval; Reasons for Judgment
Outcome
Settlement approved; distribution scheme confirmed; cost orders set aside.
Legal Topics
['cartel Conduct' 'settlement Approval' 'representative Proceedings' 'damages Calculation' 'distribution of Settlement Funds']
['competition Law' 'class Actions' 'corporate Law'] ['cartel Conduct' 'settlement Approval' 'representative Proceedings' 'damages Calculation' 'distribution of Settlement Funds']

Case Brief

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Procedural Posture

Representative Proceeding/class Action / Settlement Approval; Reasons for Judgment

Legal Issues

  1. 1 ['Whether the settlement of the representative proceeding is fair and reasonable to group members' 'Calculation of compensation to class members based on alleged cartel conduct' 'Distribution of funds among applicants, solicitors, and class members']

Ratio Decidendi

The proposed settlement and distribution scheme were fair and reasonable to group members, justified by the material and expert estimates, and the formulae used created no actual or potential unfairness; approval was granted pursuant to s 33V of the Act.

Court Disposition

Settlement approved; distribution scheme confirmed; cost orders set aside.

Orders

  • ['Settlement of the proceeding approved on the terms set out in the settlement agreement and distribution scheme.' 'Confidential exhibits to supporting affidavits to be sealed and marked confidential.' 'Approval of notice to group members, with steps for distribution.' 'Notice and Proof of Claim form made publicly...