Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stanford v DePuy International Ltd (No 6) [2016] FCA 1452 File number(s): NSD 213 of 2011
Judge(s): WIGNEY J
Date of judgment: 1 December 2016
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – application for court approval of settlement of proceedings under s 33V of the Federal Court of Australia Act 1976 (Cth) – where settlement has occurred after trial judge reserved judgment – whether the settlement is fair and reasonable and in the interests of the group members as a whole – factors relevant to the reasonableness of the settlement – whether the proposed settlement scheme is fair and reasonable – whether the eligibility criteria for participating in the settlement scheme are fair and reasonable – where exclusion criteria would preclude some group members from participating in the settlement scheme – whether the settlement approval costs and administration costs are reasonable – whether the releases and indemnities that the group members will be bound by are reasonable – whether the reimbursement costs for the lead applicants are reasonable – where the Court has received objections from some group members
Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth), s 33V Manufacturers Warranties Act 1974 (SA) Trade Practices Act 1974 (Cth), Pt VIB, ss 74B, 74D, 74AC, 74AD
Cases cited: Australian Competition and Consumer Commission v Chats House Investments Pty Limited (1996) 71 FCR 250 Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1468 Courtney v Medtel Pty Ltd (No 5) [2004] FCA 1406 Darwalla Milling Co Pty Ltd v F Hoffman-La Roche Ltd & Ors (No 2) [2006] FCA 1388 Foley v Gay [2016] FCA 273 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 Lopez v Star World Enterprises Pty Ltd [1999] FCA 104 Mercieca v SPI Electricity Pty Ltd [2012] VSC 204 Modtech Engineering Pty Ltd v GPT Management Holdings Ltd [2013] FCA 626 P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 4) [2010] FCA 1029 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 6) [2011] FCA 277 Rod Investments (Vic) Pty Ltd v Abeyratne [2010] VSC 457 Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925
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