Money Max Int Pty Limited (Trustee) v QBE Insurance Group Limited (No 4) [2018] FCA 2107

FEDERAL COURT OF AUSTRALIA

Money Max Int Pty Limited (Trustee) v QBE Insurance Group Limited (No 4) [2018] FCA 2107 File number: VID 513 of 2015

Judge: MURPHY J

Date of judgment: 21 December 2018

Catchwords: PRACTICE AND PROCEDURE – costs – approval of settlement administration costs to be deducted from settlement sum – costs sought approximately half the amount of costs actually incurred – costs found to be fair and reasonable by Referee

Date of hearing: Heard on the papers

Date of last submissions: 20 December 2018

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 13

Solicitor for the Applicant: Maurice Blackburn

Solicitor for the Respondent: Allens

ORDERS VID 513 of 2015

BETWEEN: MONEY MAX INT PTY LIMITED, AS TRUSTEE FOR THE GOLDIE SUPERANNUATION FUND Applicant

AND: QBE INSURANCE GROUP LIMITED Respondent

JUDGE: MURPHY J DATE OF ORDER: 21 DECEMBER 2018

THE COURT ORDERS THAT:

1. Pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) the amount of $272,361.16 be approved as the reasonable costs of settlement administration, some further disbursements and the Referee's charges for her report dated 19 December 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MURPHY J: 1 These reasons concern the reasonableness of costs proposed to be charged to the applicant and class members in respect of administration of the Settlement Distribution Scheme (SDS) by Maurice Blackburn. Maurice Blackburn seeks orders that costs of $272,361.16 be approved to be deducted from the settlement sum, for its costs of administering the SDS (Administration Costs) and for some further disbursements and the charges of the Court-appointed referee for her latest report. 2 For the reasons I briefly explain, I am satisfied that that it is appropriate to approve costs of $272,361.16 and allow them to be deducted from the settlement sum. I have made an order accordingly.