| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
GROUP PROCEEDINGS LIST
S ECI 2019 01926
BETWEEN:
| NICOS ANDRIANAKIS | Plaintiff |
| - and - | |
| UBER TECHNOLOGIES INC and others (according to the Schedule of Parties) | Defendants |
S ECI 2020 01834
AND BETWEEN
| JAMAL SALEM in her capacity as executor for the estate of ANWAR SALEM | Plaintiff |
| - and - | |
| UBER TECHNOLOGIES INC and others (according to the Schedule of Parties) | Defendants |
S ECI 2020 03593
AND BETWEEN
| PETER STEWART | Plaintiff |
| - and - | |
| UBER TECHNOLOGIES INC and others (according to the Schedule of Parties) | Defendants |
S ECI 2020 04787
AND BETWEEN
| H.D. ANDREE & M. ANDREE (a partnership) | Plaintiff |
| - and - | |
| UBER TECHNOLOGIES INC and others (according to the Schedule of Parties) | Defendants |
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JUDGE: | Matthews J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 9 and 10 September 2024 |
DATE OF JUDGMENT: | 2 December 2024 |
CASE MAY BE CITED AS: | Andrianakis v Uber Technologies Inc and Others (Settlement Approval) |
MEDIUM NEUTRAL CITATION: | [2024] VSC 733 |
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PRACTICE AND PROCEDURE – Application for approval of settlement of group proceeding – Whether terms of settlement fair and reasonable – Whether settlement distribution scheme fair and reasonable – Whether claim for legal fees and disbursements fair and reasonable – Settlement approved – Supreme Court Act 1986 (Vic) Part 4A.
PRACTICE AND PROCEDURE – Applications by unregistered group members for leave to participate in the settlement – Rationale for soft class closure orders is consistent with requirement for unfair prejudice to be established as the basis for granting such leave – Adequacy of notification regime – Exercise of discretion partly by way of categories.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs in each proceeding | Ms M Szydzik SC, Mr T Farhall and Ms A Staker of counsel | Maurice Blackburn Pty Ltd |
| For the Defendants in each proceeding | Mr D Sulan SC and Ms M Ellicott of counsel | Herbert Smith Freehills |
| For the Harbour Fund III, L.P | Mr N De Young KC and Mr K Raghavan of counsel | Webb Henderson |
| As Contradictor | Ms K Burke SC and Mr T Rawlinson of counsel | None |
Contents
A.. Introduction and overview
B... Summary of proposed settlement
C.. Materials before the Court
D.. Confidentiality
D.1 The plaintiffs’ application for confidentiality orders
D.2 Harbour’s application for confidentiality orders
D.3 Consideration regarding confidentiality orders
E... Legal principles
F... Unregistered group members
F.1 Maurice Blackburn’s review and categorisation of the UGM Applications
F.2 Further materials
F.3 Applicable legal principles
F.4 General application of these principles to this case
F.5 Adequacy of the distribution of the Opt Out and Closure Notice
F.6 UGM Applications which do not meet key criteria
F.6.1 Invalid applications – Category 1 of the UGM Categorisation Register
F.6.2 Applications not supported by evidence – Category 2 of the UGM Categorisation Register
F.6.3 Applications which do not identify the basis on which leave ought be granted
F.6.4 UGM Applications by Gordon Legal clients which were not supported by affidavits by the individual UGMs
F.7 Categorisation of the…
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- Case
- [2024] VSC 733
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the terms of the settlement were fair and reasonable, whether the distribution scheme was equitable, and whether the claim for legal fees and disbursements was justified. The court also had to consider applications by unregistered group members for leave to participate in the settlement, examining the rationale for the soft class closure orders and the adequacy of the notification regime.
In deciding the application, the court found that the terms of the settlement were fair and reasonable, and that the distribution scheme was equitable. The court also found that the claim for legal fees and disbursements was justified. In relation to the applications by unregistered group members for leave to participate in the settlement, the court found that the rationale for the soft class closure orders was consistent with the requirement for unfair prejudice to be established as the basis for granting such leave. The court also found that the notification regime was adequate and exercised its discretion partly by way of categories.
The court approved the settlement agreement and granted leave to the unregistered group members to participate in the settlement. The orders included the approval of the settlement agreement, the distribution scheme, and the claim for legal fees and disbursements. The court also made orders in relation to the applications by unregistered group members for leave to participate in the settlement, including orders that the soft class closure orders be varied and that the notification regime be deemed adequate.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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