Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Neil v P & O Cruises Australia Limited [2002] FCA 1325
PRACTICE & PROCEDURE – representative proceeding – whether Court should approve proposed settlement – approach to be adopted to s 33V of Federal Court of Australia Act 1976 (Cth) – whether proposed settlement fair and reasonable – express consent of all adult group members obtained – group members include minors – informed consent of litigation guardians obtained – proposed settlement approved.
Federal Court of Australia Act 1976 (Cth) s 33V Williams v FAI Home Security Pty Ltd (2000) 180 ALR 459 referred to Lopez v Star World Enterprises Pty Ltd (1999) ATPR 41-678 referred to
MAIRI CHRISTINA NEIL, STEVEN BLACK, DAVID DELAHAYE and GIUSEPPE JOE FORGIONE v P & O CRUISES AUSTRALIA LIMITED (formerly known as P & O HOLIDAYS LIMITED) (ARBN 002 909 588), ANGELA MILNER (trading as Adventures in Paradise), BARU LIMITED (Registration No. 1-20919) (trading as Bluff Inn Motel), MARIA DAVIES (trading as Bluff Inn Motel) and FREDERICK GRAHAM DAVIES (trading as Bluff Inn Motel)
V314 of 1999
WEINBERG J
30 OCTOBER 2002
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V314 OF 1999
BETWEEN: MAIRI CHRISTINA NEIL
FIRST APPLICANT
STEVEN BLACK
SECOND APPLICANT
DAVID DELAHAYE
THIRD APPLICANT
GIUSEPPE JOE FORGIONE
FOURTH APPLICANT
AND: P & O CRUISES AUSTRALIA LIMITED (formerly known as P & O HOLIDAYS LIMITED) (ARBN 002 909 588)
FIRST RESPONDENT
ANGELA MILNER (trading as Adventures in Paradise)
SECOND RESPONDENT
BARU LIMITED (Registration No 1-20919) (trading as Bluff Inn Motel)
THIRD RESPONDENT
MARIA DAVIES (trading as Bluff Inn Motel)
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