| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S CI 2017 02779
| CASTOR MURILLO | Plaintiff |
| v | |
| SKM SERVICES PTY LTD (ABN 55 130 867 220) | Defendant |
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JUDGE: | John Dixon J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 1 August 2019 |
DATE OF JUDGMENT: | 7 October 2019 |
CASE MAY BE CITED AS: | Murillo v SKM Services Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2019] VSC 663 |
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PRACTICE AND PROCEDURE – Group proceeding – Application for approval of settlement of group proceeding – Whether proposed settlement is fair and reasonable – Relevant considerations – Approval for payment of legal costs from settlement sum – Coolaroo recycling plant class action – Supreme Court Act 1986 (Vic) Part 4A, s 33V.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr G D Dalton QC with Ms C Nicholson | Maddens Lawyers |
| For the Defendant | No appearance | Meridian Lawyers |
HIS HONOUR:
Introduction
The plaintiff in this group proceeding applied for approval of a proposed settlement of the proceeding pursuant to s 33V of the Supreme Court Act 1986 (Vic). On 1 August 2019, I authorised the plaintiff nunc pro tunc on behalf of the Participating Group Members (‘PGMs’) to enter into and give effect to the document titled ‘Settlement deed – Coolaroo Recycling Plant Class Action’ (‘Deed’) executed by the parties, and the transactions contemplated by the Deed, for and on behalf of the PGMs and each of them.
The settlement of the proceeding was approved on the terms set out in the Deed, and the Settlement Distribution Scheme (‘SDS’) exhibited at pages 131 to 146 of exhibit KAE-1 to the affidavit of Kathryn Amy Emeny sworn 9 July 2019. Ms Emeny, a partner of the plaintiff’s solicitors Maddens Lawyers (‘Maddens’), was appointed as administrator of the SDS. Maddens’ legal costs were fixed in the sum of $725,000 (inclusive of GST), and are to be paid in accordance with the SDS. A reimbursement payment to the plaintiff of $5,000 was also approved.
I made consequential directions and orders. What follows are my reasons for doing so.
Background
In the proceeding, Mr Murillo claims damages for himself and group members for losses suffered as a result of a fire in 2017 at the Coolaroo recycling plant operated by the defendant and located at Maffra Street, Coolaroo (‘Plant’), which emitted smoke and soot into neighbouring areas.
The plaintiff contended that, on 13 July 2017, a fire started in waste that was stockpiled at the Plant. The fire spread rapidly within bays containing stacked bales of co‑mingled recycling waste (paper, plastics and cardboard). Within minutes a large, black smoke plume developed and spread out over the suburbs to the south of the Plant.
During the first few hours after the fire started, air quality monitoring, including spot measurements taken inside neighbouring homes, showed very high levels of airborne particles. As the fire continued to produce thick black smoke, the Environment Protection Authority issued…
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- AGLC
- Murillo v SKM Services Pty Ltd [2019] VSC 663
- Case
- [2019] VSC 663
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the proposed settlement was fair and reasonable for the class members. The court had to consider several factors, including the merits of the claims, the likely costs and benefits of proceeding with the litigation, and the terms of the settlement. Additionally, the court needed to determine if the settlement adequately compensated the class members and if the proposed allocation of legal costs from the settlement sum was appropriate.
In its decision, the court emphasised the importance of ensuring that the settlement was fair and reasonable for all class members. The court found that the proposed settlement was comprehensive and took into account the best interests of the class, including the potential for future environmental harm. The court also approved the payment of legal costs from the settlement sum, concluding that the costs were reasonable and necessary to achieve the settlement. The court's approval of the settlement allowed for the class members to receive compensation without the need for further litigation.
The court's final orders approved the settlement of the group proceeding and authorised the payment of legal costs from the settlement sum. The settlement provided for the defendant to pay a substantial sum to the class members and to implement measures to prevent future environmental harm at the Coolaroo recycling plant. The orders also included provisions for the monitoring of the defendant's compliance with the settlement terms.
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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