|Hoeben CJ at CL made the following orders:|
I approve the settlement and make the orders in the proposed Short Minutes of Order:
1. Pursuant to s 183 of the Civil Procedure Act and/or ss 7 and 8(1)(a) of the Court Suppression and Non Publication Orders Act 2010, until further order, in order to prevent prejudice to the proper administration of justice, the Court orders that:
a) the copy of the Deed of Settlement produced at pages 7-21 of the Confidential Exhibit BFP 1 to the affidavit of Brendan Francis Pendergast sworn 9 November 2018 (Deed of Settlement); and
b) the Confidential Affidavit of Brendan Francis Pendergast sworn 30 November 2018 and exhibits (collectively, the Confidential Documents) are not to be disclosed to any person or entity except to the plaintiffs and their legal representatives.
2. I grant leave to the plaintiffs to rely upon the Confidential Documents without service upon the defendant or other interested parties.
3. Pursuant to s 173 of the Act, the settlement of this proceeding is approved on the terms set out in:
a) the Deed of Settlement; and
b) the Settlement Distribution Scheme produced at pages 73-86 of the "Confidential Exhibit BFP 2" to the affidavit of Brendan Francis Pendergast sworn 30 November 2018 (otherwise known as the Scheme).
4. Pursuant to s 183 of the Act, the plaintiffs are authorised, nunc pro tunc, to enter into the Deed of Settlement and to give effect to the settlement and all transactions contemplated by it for and on behalf of group members.
5. All existing costs orders in the proceedings are vacated.
6. The proceedings are dismissed with no order as to costs.
7. Pursuant to s 179 of the Act, the persons affected and bound by orders 3-6 are the plaintiffs, group members (other than those who have opted out), and the defendant.
8. Within 14 days of the Administrator of the Scheme distributing from Maddens' trust account the final balance of compensation entitlements to group members, the plaintiffs by their solicitors are to file and serve an affidavit as to the completion of the claims assessment procedure set out in the scheme.
9. Pursuant to ss 173 and/or 183 of the Act, alternatively in the inherent jurisdiction of the Court, the amount detailed in the Independent Costs Report of Graeme Arnold produced at pages 5-38 of the "Confidential Exhibit BFP 2" to the affidavit of Brendan Francis Pendergast sworn 30 November 2018 is approved towards payment of the plaintiffs' costs and disbursements incurred to date and anticipated costs and disbursements associated with the administration of the Scheme.
10. The legal costs approved at order 9 are to be paid from the Settlement Sum (as defined in clause 1 of the Deed of Settlement) to Maddens Lawyers within 28 days from the date of these orders.
11. I grant liberty to the parties to apply on seven days' notice.