Courtney v Medtel Pty Limited (No 6) [2004] FCA 1598

FEDERAL COURT OF AUSTRALIA

Courtney v Medtel Pty Limited (No 6) [2004] FCA 1598 KEVIN GLYNN COURTNEY in a representative capacity on behalf of the persons referred to in par 1 of the Eighth Amended Statement of Claim v MEDTEL PTY LIMITED & Anor NSD 661 of 2000 SACKVILLE J SYDNEY 3 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 661 of 2000

BETWEEN: KEVIN GLYNN COURTNEY in a representative capacity on behalf of the persons referred to in par 1 of the Eighth Amended Statement of Claim

APPLICANT

AND: MEDTEL PTY LIMITED

(acn 076 530 946)

FIRST RESPONDENT

NO SECOND RESPONDENT

PACESETTER INC a Delaware corporation with its principal place of business 15900 Valley View Court, Sylmar, California

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The settlement agreement embodied in: (a) the Deed of Settlement which is Annexure 1 to these Orders; and (b) the Settlement Scheme which is Annexure 2 to these Orders; be approved for the purposes of s 33V of the Federal Court of Australia Act 1976(Cth) ('the Act'), 1. Pursuant to subs 33J(3) of the Act, the date by which the estate of the late Kevin Hunter may opt out of these proceedings be extended to 26 October 2004. 2. The Amended Notice of Motion filed by the Applicant on 13 July 2004 be dismissed. 3. The Notice of Motion filed by the Respondents on 1 July 2004 be dismissed. 4. The proceedings otherwise be dismissed but without prejudice to such entitlement as the Respondents may have to re-list the proceedings before this Court pursuant to cl 2.7 of Sch 1 to the Deed of Settlement. 5. All costs orders be vacated.