Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gibson v Malaysian Airline System Berhad (Settlement Approval) [2019] FCA 1007 File number: NSD 1067 of 2016
Judge: PERRAM J
Date of judgment: 26 June 2019
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – application for settlement under s 33V of Federal Court of Australia Act 1976 (Cth) – where all class members represented
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33X
Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Parkes Shire Council v South West Helicopters Pty Limited [2019] HCA 14
Date of hearing: 26 June 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 4
Counsel for the Applicant: Mr J Rowe
Solicitor for the Applicant: LHD Lawyers
Counsel for the Respondent: Ms C Gleeson
Solicitor for the Respondent: Clyde & Co
ORDERS NSD 1067 of 2016
BETWEEN: CASSANDRA JANE GIBSON Applicant
AND: MALAYSIAN AIRLINE SYSTEM BERHAD (ARBN 996 903) Respondent
JUDGE: PERRAM J DATE OF ORDER: 26 JUNE 2019
THE COURT ORDERS THAT:
1. Pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) (FCAA), the Court approves the settlement and dismissal of these proceedings (Proceedings) on the terms set out in the Release between the parties dated 5 June 2019 (Release) appearing at Confidential Annexure MH12 to the affidavit of Michael Hyland affirmed on 13 June 2019. 2. Pursuant to ss 37AF and 37AG(1)(a) of the FCAA, until further order of the Court, in order to prevent prejudice to the proper administration of justice, the affidavit of Michael Hyland affirmed on 13 June 2019, together with its annexures, be treated as confidential, not be published or made available and not be disclosed to any person or entity except as permitted by the Release or by order of the Court. 3. The requirement in s 33X(4) of the FCAA that notice of the settlement be given to group members is taken to have been satisfied. 4. All previous costs orders in the proceedings be vacated. 5. There be no order as to the costs of the proceedings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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