McMullin v ICI Australia Operations Ltd [1997] FCA 1605

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Confidentiality order - Confidentiality refused in respect of order for payment of damages assessed by Court.

COSTS - Representative proceeding - Unidentified group members - Whether costs order should be deferred to take account of the possibility that total damages will be less than a pre-trial offer - Effect of statutory requirement for approval of settlement or discontinuance - Possible compromise courses - Appropriate costs order -

Recoverability of solicitor/client costs.

Federal Court of Australia Act 1976, ss 33V and 33ZJ.

BRIAN McMULLIN and LEONE MARGARET McMULLIN v ICI AUSTRALIA

OPERATIONS PTY LTD, ICI AUSTRALIA LIMITED and CROP CARE

AUSTRALIA PTY LIMITED

NG305 of 1995

JUDGE: WILCOX J DATE: 27 NOVEMBER 1997

PLACE: SYDNEY

(PEDO OF Abow. |

19 SEP 2001 LIBRARY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG305 of 1995

BETWEEN: BRIAN McMULLIN AND LEONE MARGARET McMULLIN

Applicants

AND: ICI AUSTRALIA OPERATIONS PTY LTD First Respondent ICI AUSTRALIA LIMITED Second Respondent CROP CARE AUSTRALIA PTY LIMITED Third Respondent

JUDGE: WILCOX J

DATE: 27 NOVEMBER 1997

PLACE; SYDNEY

THE COURT ORDERS THAT:

1. On or before 12 December 1997, the first, second and third respondents pay to Peter Long

& Co, solicitors for the applicants, the sums of:

(i) $79,600 in satisfaction of the claim of the applicants Brian McMullin and Leone Margaret McMullin;

(ii) $157,105 in satisfaction of the claim of group member Bruce Henry Gunning;

(iii) $21,743 in satisfaction of the claim of group members Gerard William Gallagher, Nancy Gallagher and Michael Gallagher;

(iv) $41,869 in satisfaction of the claim of group members John and Jill Roughley;

(v) $242,289 in satisfaction of the claim of group members Ian Christopher Hill and Kay Hill;

(vi) $120,564 in satisfaction of the claim of group members Brian Allan Hanigan, Kerry Hanigan and Beulah Pastoral Company Pty Limited; and