This was a class action arising from container damages and losses incurred on the “APL England” (a 5,780 TEU cellular containership) in Sydney on 24 May 2020. In January 2021, the lead applicant (St John Ambulance Australia Ltd) brought proceedings on behalf of “owners or persons entitled to immediate possession of cargo that was lost or damaged as a result of the collapse of container stacks on the vessel…”. Despite the 104 class members, it was ultimately the members’ insurers acting as subrogated claimants under s 85 of the Marine Insurance Act 1909 (Cth) who instructed Mills Oakley to begin proceedings. The class members were indemnified by their respective insurers.
In this judgment, Stewart J made orders approving a settlement of the proceeding in the amount of ~$2.3 million. His Honour highlighted the following features of the settlement agreement:
His Honour concluded that the settlement agreement was fair and reasonable for the following reasons:
Federal Court of Australia, Stewart J,
2 May 2022
Applicants’ Solicitors: Mills Oakley
Respondents’ Solicitors: Clyde & Co, HWL Ebsworth Lawyers and D Shahen of Kennedys
Applicants’ Funder: N/A
Austlii Link: Available here
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