Jarrama Pty Ltd v Caltex Australia Petroleum Pty Ltd [2004] FCA 1114

FEDERAL COURT OF AUSTRALIA

Jarrama Pty Ltd v Caltex Australia Petroleum Pty Ltd [2004] FCA 1114

PRACTICE AND PROCEDURE – Representative proceeding – Application under Part IVA of the Federal Court of Australia Act 1975 (Cth) – Court approval of proposed settlement – Whether settlement fair, reasonable and adequate having regard to the interests of group members. Federal Court of Australia Act 1976 (Cth) Part IVA, ss 33J, 33V, 33X and 33ZB, subss 33N(1) and 33V(1) Petroleum Retail Marketing Franchising Act 1980 (Cth) s 20 Trade Practices Act 1974 (Cth) ss 51AA, 51AC, 51AD and 52 William v FAI Home Security Pty Ltd (No. 4) (2000) 180 ALR 489; [2000] FCA 1925 Re General Motors Corp Pick-Up Truck Fuel Tank Products Liability Litigation 55 F 3rd ed. 768 (1995) JARRAMA PTY LTD & ANOR v CALTEX AUSTRALIA PETROLEUM PTY LTD & ANOR V 3 OF 2004

CRENNAN J 27 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3 OF 2004

BETWEEN: JARRAMA PTY LTD (ACN 006 409 856)

FIRST APPLICANT

LUPEVO PTY LTD (ACN 001 932 976)

SECOND APPLICANT

AND: CALTEX AUSTRALIA PETROLEUM PTY LTD (ACN 000 032 128)

FIRST RESPONDENT

CALTEX AUSTRALIA LIMITED (ACN 004 201 307)

SECOND RESPONDENT

JUDGE: CRENNAN J

DATE OF ORDER: 27 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s. 33V of the Federal Court of Australia Act 1976 (Cth), the Deed of Settlement in the form marked as exhibit MJG1 to the affidavit of Martin John Garrett sworn on 30 July 2004, tendered by consent and to be retained on the Court file, is approved by the Court.

2. The proceeding be dismissed.

3. The claims in the proceeding of the applicants and all group members are dismissed on the basis that the dismissal is a defence and absolute bar to a proceeding brought by the applicants and/or any group member based on the same or substantially the same causes of action.