Georgiou v Old England Hotel Pty Ltd [2006] FCA 705

FEDERAL COURT OF AUSTRALIA

Georgiou v Old England Hotel Pty Ltd [2006] FCA 705 PRACTICE AND PROCEDURE – representative proceeding – settlement agreement – approval of settlement by Court – whether proposed settlement is fair, reasonable and appropriate – requirement to give notice to group members of application for approval of settlement – whether right of review should be preserved where quantum of damages to be assessed and determined by agreed counsel – whether appropriate grounds for addition or deletion of group members by Court following approval of settlement – amended settlement agreement approved Federal Court of Australia Act 1976 (Cth) ss 33X, 33V, 33Y

King v AG Australia Holdings Ltd [2003] FCA 980 considered Lopez v Star World Enterprises Pty Ltd (1999) 21 ATPR 41-678 considered Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No 4) [2004] VSC 466 cited Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459 cited

HARRY GEORGIOU (ON HIS OWN BEHALF AND IN A REPRESENTATIVE CAPACITY) v OLD ENGLAND HOTEL PTY LTD

VID 878 OF 2004

YOUNG J

7 APRIL 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 878 OF 2004

BETWEEN: HARRY GEORGIOU (ON HIS OWN BEHALF AND IN A REPRESENTATIVE CAPACITY)

APPLICANT

AND: OLD ENGLAND HOTEL PTY LTD

RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 7 APRIL 2006

WHERE MADE: MELBOURNE

UPON the Court noting the undertaking given by Maurice Blackburn Cashman Pty Ltd in terms annexed to these Orders, The Court orders that: 1. Pursuant to section 33V of the Federal Court of Australia Act 1976 (Cth) ('FCA Act'), the settlement of this proceeding on the terms contained in the Settlement Agreement dated 5 April 2006 exhibited as 'BMM-9' to the affidavit of Bernard Michael Murphy sworn 6 April 2006 and filed herein be approved. 2. Pursuant to section 33Y(2) of the FCA Act the notice to group members in the form exhibited as 'BMM-3' to the affidavit of Bernard Michael Murphy sworn 28 March 2006 and filed herein be approved as a notice to group members for the purposes of section 33X of the FCA Act (the 'Settlement Notice'). 3. Within seven (7) days of approval of the settlement of this proceeding the Applicant publish the Settlement Notice in each of the The Age and the Herald Sun newspapers. 4. The Applicant have leave to file an affidavit on or before 12 May 2006 annexing a list of names and addresses of each Group Member who completes and returns the Form attached to the Settlement Notice. 5. The Applicant have leave to file, on or before 15 May 2006: (a) a Further Amended Application amending paragraph 2 thereof to the effect that the Group Members to whom the proceeding relates within the meaning of section 33H of the FCA Act are those persons listed in an annexure to the Further Amended Application being a list of the names of the persons referred to in paragraph 4 hereof; and (b) a Further Amended Statement of Claim amending paragraph 2 thereof to the effect that the Group Members to whom the proceeding relates within the meaning of section 33H of the FCA Act are those persons listed in the annexure to the Further Amended Application. 6. The proceeding be listed for mention on 27 October 2006. 7. On or before 20 October 2006 the Applicant give notice in writing to the Court and the Respondent of any proposed orders to be sought at the mention listed at paragraph 6 above. 8. Liberty to apply on 3 days' written notice. 9. No order as to costs.