Lay v PTTEP Australasia (Ashmore Cartier) Pty Ltd (Settlement Distribution) [2023] FCA 242

Federal Court of Australia

Lay v PTTEP Australasia (Ashmore Cartier) Pty Ltd (Settlement Distribution) [2023] FCA 242 File number: NSD 1245 of 2016

Judgment of: LEE J

Date of judgment: 3 March 2023

Date of publication of reasons: 21 March 2023

Catchwords: REPRESENTATIVE PROCEEDINGS – application to approve scheme for distribution of settlement proceeds pursuant to s 33V(2) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – whether deductions proposed to be paid to litigation funder and solicitors are just – where referee appointed to inquire into and report upon reasonableness of legal costs – where report of referee adopted by the Court – proposed deductions from settlement sum allowed – orders made to tender settlement administration

Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, Pt VB, ss 33K, 37P(2), 33T, 33V(1), 33V(2), 33ZF Federal Court Rules 2011 (Cth) Div 28.6

Cases cited: Bellamy's Australia Ltd v Basil [2019] FCAFC 147; (2019) 372 ALR 638 Davis v Quintis Ltd (Subject to Deed of Company Arrangement) [2022] FCA 806 Gill v Ethicon Sàrl (No 11) [2023] FCA 229 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Lifeplan Australia Friendly Society Limited v S&P Global Inc (Formerly McGraw-Hill Financial, Inc) (A Company Incorporated in New York) [2018] FCA 379 Liverpool City Council v McGraw-Hill Financial, Inc (now known as S&P Global Inc) [2018] FCA 1289 Sanda v PTTEP Australasia (Ashmore Cartier) Pty Limited (Settlement Approval) [2023] FCA 143 Smith v Commonwealth of Australia (No 2) [2020] FCA 837 Smith v Commonwealth of Australia [2019] FCA 2193