Leonie's Travel Pty Limited v Air New Zealand Ltd [2013] FCA 73

FEDERAL COURT OF AUSTRALIA

Leonie's Travel Pty Limited v Air New Zealand Ltd [2013] FCA 73 Citation: Leonie's Travel Pty Limited v Air New Zealand [2013] FCA 73

Parties: LEONIE'S TRAVEL PTY LIMITED ACN 050 214 152 v AIR NEW ZEALAND LTD (ARBN 000 312 685)

File number: NSD 2449 of 2006

Judge: ROBERTSON J

Date of judgment: 7 February 2013

Catchwords: PRACTICE AND PROCEDURE – approval of settlement judgment COSTS –

Legislation: Federal Court of Australia Act 1976 s 33V

Date of hearing: 7 February 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: Mr NJ Beaumont

Solicitor for the Applicant: Slater & Gordon

Counsel for the Fourth Respondent: Mr RR Stitt QC with Ms CO Gleeson

Solicitor for the Fourth Respondent: Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2449 of 2006

BETWEEN: LEONIE'S TRAVEL PTY LIMITED ACN 050 214 152

Applicant

AND: AIR NEW ZEALAND LTD (ARBN 000 312 685)

Fourth Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 7 FEBRUARY 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 33V of the Federal Court of Australia Act 1976 (the Act) the Court approves the settlement contained in the Deed of Settlement of the proceedings between the Applicant and the Fourth Respondent on the terms set out in the Deed of Settlement, a copy of which is exhibited to the affidavit of Steven Lewis sworn 4 February 2013 (the Deed). 2. Pursuant to s 33ZB and s 33SZF of the Act, the Court declares that the persons affected and bound by these orders are the Applicant, the Fourth Respondent and all other group members who have not opted out under s 33J of the Act. 3. Pursuant to s 33ZF of the Act or otherwise, the Applicant be authorised nunc pro tunc on behalf of group members described in Order 2 to enter into and give effect to the Deed and the transactions thereby contemplated for and on behalf of those group members. 4. Pursuant to s 33ZF of the Act, any group member who has not opted out under s 33J of the Act (whether or not the group member is entitled to participate in the settlement contained in the Deed and approved by the Court) is hereby barred from making any claim (other than any proceeding to enforce the Deed) against the Fourth Respondent in respect of or relating to the subject matter of these proceedings. 5. Pursuant to s 33Z and s 33V(2) of the Act, the Court approves the payment by the Fourth Respondent to the solicitors for the Applicant, Slater & Gordon, of the sum of $37,141.00 in full and final settlement of all claims by the Applicant and all Group Members for distribution by Slater & Gordon to eligible group members pursuant to the Deed in accordance with its terms. 6. The Applicant's legal representatives return all documents to the Fourth Respondent's legal representatives that are affected by the confidentiality undertakings executed on 14 February 2012, 31 August 2012 and 17 October 2012 within 14 days of these orders or within 14 days of the Court issuing a certificate of taxation, which ever is the later. 7. The Fourth Respondent will pay the Applicant's costs as taxed or agreed (including reserved costs) of these proceedings as between the parties and of no other Respondent on a party and party basis and that: 7.1 The indemnity principle will apply to the recovery of those costs, including on a taxation if they cannot be agreed; 7.2 The Applicant will claim no costs or expenses incurred in the proceedings between 23 July 2007 and 3 August 2011; 7.3 The Applicant will claim no disbursements for counsel's fees incurred prior to 3 August 2011 or in respect of any work carried out by Counsel prior to 3 August 2011. 8. The proceeding as between the Applicant and the Fourth Respondent be otherwise dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.