Andrianakis v Uber Technologies Inc and Others (Settlement Approval)

In the matter of Andrianakis v Uber Technologies Inc and Others (Settlement Approval), the Victorian Court of Appeal was tasked with determining the fairness and reasonableness of a proposed settlement agreement in a class action lawsuit. The dispute centred around the terms of the settlement between the plaintiffs, who were represented by unregistered group members (UGM), and the defendants, including Uber Technologies Inc. The Court was required to assess whether the settlement terms were fair and reasonable, whether the distribution scheme was equitable, and whether the claim for legal fees and disbursements was justified.

The legal issues that the court had to decide included the appropriateness of the settlement terms, the fairness of the distribution scheme, and the reasonableness of the legal fees and disbursements. Additionally, the court needed to decide whether unregistered group members should be granted leave to participate in the settlement. The rationale for the class closure orders was examined to determine whether they served to undermine the requirement for unfair prejudice to be established as the basis for granting leave to unregistered group members.

The court concluded that the terms of the settlement were fair and reasonable, the distribution scheme was equitable, and the claim for legal fees and disbursements was justified. The court also found that the rationale for the class closure orders was consistent with the requirement for unfair prejudice to be established as the basis for granting leave to unregistered group members. The court exercised its discretion partly by way of categories, taking into account the adequacy of the notification regime. Ultimately, the court approved the settlement, noting that it was appropriate and necessary to ensure that justice was done in the proceeding.

The final orders included the approval of the settlement agreement, the grant of leave to unregistered group members to participate in the settlement, and the distribution of funds according to the approved scheme. The court also ordered that the defendants pay the legal fees and disbursements as claimed.