Ellis v Commonwealth of Australia [2023] NSWSC 550

Supreme Court New South Wales

Medium Neutral Citation: Ellis v Commonwealth of Australia [2023] NSWSC 550 Hearing dates: 17 April 2023 Date of orders: 17 April 2023 and 20 April 2023 Decision date: 25 May 2023 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: See Schedule Catchwords: CIVIL PROCEDURE — representative proceedings — settlement or discontinuance — Court approval pursuant to s 173 of Civil Procedure Act 2005 (NSW) — Stolen Generations — amendment of group definition so that those First Nations children in the Northern Territory removed by authorities between 1912−1973 eligible to participate in the Territories Stolen Generations Redress Scheme are to be removed — remainder of definition consists of Deceased Removed Children and Kinship Group Members — $50.45 million settlement sum — reasonableness of settlement distribution scheme including deductions for plaintiff's legal costs and disbursements, special payments to original and substituted lead plaintiffs, funder's commission and after-the-event insurance premium, and costs of administration — settlement scheme provides payments to estates and family members of Deceased Removed Children and Kinship Group Members and to living Kinship Group Members —reasonable settlement as between the parties and as between group members — orders made approving settlement Legislation Cited: Civil Procedure Act 2005 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Cases Cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (in liq) (No 3) (2017) 343 ALR 476; [2017] FCA 330 BMW Australia Ltd v Brewster (2019) 269 CLR 574; [2019] HCA 45 Camilleri v The Trust Company (Nominees) Ltd [2015] FCA 1468 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Cubillo v Commonwealth (No 2) (2000) 103 FCR 1; [2000] FCA 1084 Cubillo v Commonwealth (2001) 112 FCR 455; [2001] FCA 1213 Darwalla Milling Co Pty Ltd v F Hoffman-La Roche Ltd (No 2) (2006) 236 ALR 322; [2006] FCA 1388 Findlay v DSHE Holdings Ltd [2021] NSWSC 249; (2021) 150 ACSR 535 Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia [2022] NSWSC 1076 Haselhurst v Toyota Motor Corporation t/as Toyota Australia (2020) 101 NSWLR 890; [2020] NSWCA 66 Hopkins v Macmahon Holdings Ltd [2018] FCA 2061 Peterson Superannuation Fund Pty Ltd v Bank of Queensland (No 3) [2018] FCA 1842; (2019) 132 ACSR 258 Quirk v Suncorp Portfolio Services Ltd (No 2) [2022] NSWSC 1457 Williams v Minister, Aboriginal Land Rights Act 1983 [1999] NSWSC 843; [1999] Aust Torts Report 81-526 Williams v Minister, Aboriginal Land Rights Act 1983 [2000] NSWCA 255; [2000] Aust Torts Reports 81-578 Williamson v Sydney Olympic Park Authority [2022] NSWSC 1618 Category: Principal judgment Parties: Natalie Ellis as representative of the estate of Marita Parnell (Plaintiff) Commonwealth of Australia (Defendant) LSS Fund Services Pty Ltd ABN 51 736 975 213 as Trustee for Litigation Lending Fund 1 (Intervener) Representation: Counsel: Mr L Armstrong KC; Mr AH Edwards (Plaintiff) Ms V Thomas; Mr D Reynolds (Defendant) Mr WAD Edwards SC; Ms M Cowden (Intervener; LLS)