De Brett Seafood Pty Limited v Qantas Airways Limited (No 7)

De Brett Seafood Pty Limited, an applicant in a class action proceeding, applied to the Federal Court of Australia for approval of a settlement with Qantas Airways Limited. The class action related to claims of anti-competitive conduct by Qantas, including price fixing and market sharing. The court was required to decide whether the proposed settlement was fair, reasonable, and in the interests of the group members as a whole. It also needed to determine whether the distribution of the settlement sum was fair and reasonable and assess costs for the proceeding.

The court considered the criteria outlined in the relevant Practice Note. It found that the litigation was complex and costly, with significant evidence and legal arguments to be considered. The applicants had complied with procedural requirements and had not received any objections to the settlement from group members. The merits of the case and the risks of liability were also considered, with the court accepting that the litigation risk was high due to the complexity of the proceeding and the unsettled law. The court approved the settlement, finding it to be fair, reasonable, and in the interests of the group members as a whole.

The court also assessed the costs for the proceeding. The applicants sought a lump sum costs order, but the court found that the appropriate approach was to assess a gross sum pursuant to rule 40.02(b) of the Federal Court Rules 2011 (Cth). The court considered the principles of taxation in making its assessment and ultimately ordered that the respondents were entitled to costs on a party and party basis.

No further orders were made by the court.