FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - Confidentiality order - Confidentiality refused in
respect of order for payment of damages assessed by Court.
COSTS - Representative proceeding - Unidentified group members - Whether costs
order should be deferred to take account of the possibility that total damages will be less than a pre-trial offer - Effect of statutory requirement for approval of settlement or discontinuance - Possible compromise courses - Appropriate costs order -
Recoverability of solicitorlclient costs.
Federal Court of Australia Act 1976, ss 33V and 3325.
BRTAN McMULLIN and LEONE MARGARET McMULLIN v ICI AUSTRALIA
OPERATIONS PTY LTD, ICI AUSTRALIA LIMITED and CROP CARE
AUSTRALIA PTY LIMITED
NG305 of 1995
| JUDGE: | WECOX J |
| DATE: | 27 NOVEMBER 1997 |
| PLACE: | SYDNEY |
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
| BETWEEN: | B U N McMULLIN AND LEONE MARGARET McMULLIh' Applicants |
| AND: | ICI AUSTRALIA OPERATIONS PTY LTD First Respondent |
| ICI AUSTRALIA LIMITED Second Respondent | |
| CROP CARE AUSTRALIA PTY LIMITED Third Respondent | |
| JUDGE: | WILCOX J |
| DATE: | 27 NOVEMBER 1997 |
| PLACE: | SYDNEY |
THE COURT ORDERS THAT:
1. On or before 12 December 1997, the first, second and third respondents pay to Peter Long
& CO, solicitors for the applicants, the sums of:
| ||||||||||||
| (vii) $53,049 in satisfaction of the claim of group member PhiIIip Wiliam Kirkby. |
2. The first, second and third respondents pay the costs of the applicants incurred in connection with the proceeding up to and including 5 November 1997.
AND THE COURT NOTES THE AGREEMENTS BETWEEN THE PARTIES:
(i) in respect of the claims of each of the persons referred to in order l(ii), (G), (iv), (v), (vi) and (vii) above, each party will bear its own costs of the litigation including costs incurred in respect of the hearing after 5 November 1997; and
(ii) the amounts of offers made to each of those persons shall be kept confidential to the parties and their advisers.
| Note: | Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. |
GENERAL DISTRJBUTION
IN THE FEDERAL COURT OF AUSTRALIA
| NEW SOUTH WALES DISTRICT REGISTRY | NG305 of 1995 |
| BETWEEN: | BRUN McMULLIN AND LEONE MARGARET McMULLIN Applicants |
| AND: | ICI AUSTRALIA OPERATIONS PTY LTD First Respondent |
| ICI AUSTRALIA LIMITED Second Respondent | |
| CROP CARE AUSTRALIA PTY LIMITED Third Respondent | |
| JUDGE: | WILCOX J |
| DATE: | 27 NOVEMBER 1997 |
| PLACE: | SYDNEY |
| EXTEMPORE REASONS FOR JUDGMENT (N0.6) |
WILCOX J: This morning I handed down Reasons for Judgment…
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- Case
- [1997] FCA 1605
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the costs order should be deferred due to the potential for total damages to be less than a pre-trial offer and the implications of statutory requirements for court approval of settlements or discontinuance in representative proceedings. The court was also tasked with determining the appropriate basis for the costs order, whether it should be on an indemnity basis, and the recoverability of solicitor/client costs. Justice Wilcox deliberated on these matters, considering the efficiency of representative proceedings and the potential for pre-trial offers to influence costs outcomes. The court ultimately decided against making an indemnity costs order, opting instead for a party/party basis. Justice Wilcox also highlighted the importance of the court's role in approving settlements in representative proceedings and suggested alternative methods for respondents to manage costs in such litigations.
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