Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Casey v DePuy International Ltd (No 2) [2012] FCA 1370 Citation: Casey v DePuy International Ltd (No 2) [2012] FCA 1370
Parties: PAMELA JOAN CASEY v DEPUY INTERNATIONAL LTD and JOHNSON & JOHNSON MEDICAL PTY LIMITED
File number: ACD 10 of 2010
Judge: BUCHANAN J
Date of judgment: 4 December 2012
Date of hearing: 2 and 19 November 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 19
Solicitor for the Applicant: Mr J Schimmel of Maurice Blackburn Pty Ltd
Solicitor for the Respondents: Mr T Biddle of Norton Rose Australia
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 10 of 2010
BETWEEN: PAMELA JOAN CASEY
Applicant
AND: DEPUY INTERNATIONAL LTD
First Respondent
JOHNSON & JOHNSON MEDICAL PTY LIMITED
Second Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 4 DECEMBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to sections 33V(1) and 33ZF of the Federal Court of Australia Act 1976 (Cth) (the Act), the settlement of the proceeding is approved on the terms set out in: (a) the amended settlement agreement dated 19 November 2012 between the applicant and the respondents in annexure RG-8 to the affidavit of Rebecca Gilsenan affirmed on 20 November 2012 (Gilsenan Affidavit); (b) the "Liability Protocol" in annexure RG-9 to the Gilsenan Affidavit; and (c) the "Compensation Protocol" in annexure RG-10 to the Gilsenan Affidavit. 2. Pursuant to sections 33ZF and/or 33ZJ of the Act: (a) Group Members who receive compensation pursuant to the Compensation Protocol are to make a contribution (Costs Contribution) to the payment of the "Outstanding Costs" calculated as follows: (i) the difference between: (A) the costs (professional fees and disbursements) incurred by the applicant in connection with the proceeding up to and including 29 August 2012 (Pre Settlement Costs); and (B) the amount of $700,000 (including GST) that the respondents have agreed to pay pursuant to clause 6.1(a) of the settlement agreement; being $389,540.94; (ii) plus interest on any unpaid portion of the Pre Settlement Costs from the date of these orders at the rate prescribed in regulation 110A of the Legal Profession Regulation 2005 (NSW); (b) the Costs Contribution to be made by an individual Group Member is as follows: Category of Group Member under the Compensation Protocol Costs Contribution (including GST) Category A $900 Category B $1,200 Category C $2,000 Category D $2,300
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