Lehmann v Winning Time Pty Ltd [2009] FCA 724

FEDERAL COURT OF AUSTRALIA

Lehmann v Winning Time Pty Ltd [2009] FCA 724

PRACTICE AND PROCEDURE – representative proceeding – whether Court should approve settlement as fair and reasonable – whether Court should look behind express agreement of all members of representative group

Federal Court of Australia Act 1976 (Cth) s 33V Neil v P & O Cruises Australia Limited [2002] FCA 1325 applied Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459; [2000] FCA 1925 applied CHRISTOPHER JOHN LEHMANN v WINNING TIME PTY LTD (ACN 052 442 494), STELIOS ANGELODEMOU, CHRISSY ANGELODEMOU and EPI PTY LTD (ACN 080 249 252)

VID 1419 of 2006

PETER URBAN v WINNING TIME PTY LTD (ACN 052 442 494), STELIOS ANGELODEMOU and CHRISSY ANGELODEMOU VID 1420 of 2006

NORTH J

30 JUNE 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1419 of 2006

BETWEEN: CHRISTOPHER JOHN LEHMANN

Applicant

AND: WINNING TIME PTY LTD (ACN 052 442 494)

First Respondent

STELIOS ANGELODEMOU

Second Respondent

CHRISSY ANGELODEMOU

Third Respondent

EPI PTY LTD (ACN 080 249 252)

Fourth Respondent

JUDGE: NORTH J

DATE OF ORDER: 30 JUNE 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth), the Court approves the settlement of the representative proceeding between the applicant and the first, second and third respondents in accordance with the scheme in the Terms of Settlement, being exhibit KW2 to the affidavit of Kim Whitby sworn 30 June 2009. 2. The proceedings between the applicant and the first, second, and third respondents be dismissed with a right of reinstatement as referred to in paragraph 3.6 of the Terms of Settlement, being exhibit KW2 to the affidavit of Kim Whitby sworn 30 June 2009. 3. Exhibit KW1 to the affidavit of Kim Whitby sworn 30 June 2009 be kept confidential and be retained on the Court file in a sealed envelope marked "Confidential", such envelope not to be opened without a Court order. 4. Costs of this application be reserved. 5. A directions hearing is fixed in relation to the balance of the proceeding for 10.15 am on 31 August 2009.