| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
S CI 2012 4538
| KATHERINE ROWE | Plaintiff |
| v | |
| AUSNET ELECTRICITY SERVICES PTY LTD (ACN 064 651 118) & Ors (according to the attached Schedule) | Defendants |
| - and - | |
| AUSNET ELECTRICITY SERVICES PTY LTD (ACN 064 651 118) | Plaintiff by Counterclaim |
| v | |
| ACN 060 674 580 PTY LTD (ACN 060 674 580) & ORS (according to the attached Schedule) | Defendants by Counterclaim |
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JUDGE: | EMERTON J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 13 May 2015 |
DATE OF JUDGMENT: | 27 May 2015 |
CASE MAY BE CITED AS: | Rowe v AusNet Electricity Services Pty Ltd & Ors |
MEDIUM NEUTRAL CITATION: | [2015] VSC 232 |
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PRACTICE AND PROCEDURE – Application for approval of settlement of group proceeding – Supreme Court Act 1986 (Vic) Part 4A –Whether terms of settlement fair and reasonable – Whether settlement distribution scheme fair and reasonable – Whether claim for legal fees and disbursements reasonable – ‘Murrindindi class action’– Settlement approved.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Ms F McLeod SC Mr R Attiwill QC Mr A Fraatz Ms F Forsyth Ms M Szydzik | Maurice Blackburn |
| For the State Parties | Ms R Nelson | Norton Rose Fullbright Australia |
| For the objector, Hancock Victorian Plantations Pty Ltd | Mr T Scotter | Minter Ellison |
HER HONOUR:
Introduction
This proceeding arises out of the events that took place in Victoria on ‘Black Saturday’, 7 February 2009, and is one of a series of class actions resulting from the bushfires that ravaged large parts of Victoria on that day. The fire that is the subject of this proceeding began near Murrindindi to the north-east of Melbourne and spread widely, almost obliterating the township of Marysville. The Murrindindi fire resulted in the deaths of 40 people and caused physical and psychological injury to many more. It damaged and destroyed houses, schools, community facilities, government buildings, businesses, livestock, plantations and all manner of other property.
The proceeding was commenced on 7 August 2012 in the name of Rod Liesfield as an ‘open’ class group proceeding under Part 4A of the Supreme Court Act 1986 (Vic). The plaintiff sought compensation for loss and damage suffered as a result of the Murrindindi fire.
The group members were,[1] in substance, persons who suffered personal injury, dependants of persons who died, persons who suffered loss of and damage to property and persons who lived in or had property in the Murrindindi bushfire area and suffered economic loss as a result of the Murrindindi fire.
[1]Steps have been taken over the course of the proceeding to define group members by reference to the registration of claims. Class closure orders have now been made.
On 3 October 2014, Dr Katherine Rowe was substituted as the lead plaintiff. Dr Rowe, lost her husband, Dr Kenneth Rowe, in the Murrindindi fire, as well as the two properties that they owned in Marysville. She also suffered psychological injuries.
The defendants to the proceeding are AusNet Electricity Services Pty Ltd (‘AusNet’), the operator of…
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- Case
- [2015] VSC 232
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the settlement terms were fair and reasonable, assess the fairness of the distribution scheme proposed for the settlement, and evaluate the reasonableness of the claim for legal fees and disbursements. The plaintiffs sought to recover damages for the bushfires and argued that the settlement provided adequate compensation for the damages they suffered. The defendants, on the other hand, contended that the settlement terms were reasonable and should be approved by the court.
The court found that the settlement terms were fair and reasonable, taking into account the nature of the claims, the risk of litigation, and the benefits of the settlement to the class members. The distribution scheme was deemed to be fair, as it provided for an equitable allocation of the settlement fund among the class members. Additionally, the court considered the claim for legal fees and disbursements to be reasonable, given the complexity of the case and the efforts made by the plaintiffs' legal team. Based on these findings, the court approved the settlement, allowing the case to be resolved amicably and efficiently.
The court ordered that the settlement be approved and implemented, and directed the parties to take necessary steps to finalise the distribution of the settlement fund to the class members. The court also ordered that the legal fees and disbursements be paid from the settlement fund, subject to the approval of the court. The decision brought a resolution to the "Murrindindi class action," providing compensation to the bushfire victims and bringing closure to the legal proceedings.
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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