Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Metal Management Limited [2019] FCA 1040 File number: NSD 220 of 2019
Judge: RARES ACJ
Date of judgment: 5 July 2019
Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – application for common fund order – where notices sent to all potential group members – where no effective objection received – where funder proposed interim common fund order with cap on its commission of a maximum of 25% of net proceeds after paying lawyers' costs and deferred costs subject to later order – whether interim order with cap creates any expectation of later exercise of discretion under s 33ZF of the Federal Court Act to make final common fund order with same cap at conclusion of proceeding – whether Court should approve common fund order on such terms
Legislation: Civil Procedure Act 2005 (NSW) s 183 Corporations Act 2001 (Cth) s 674(2) Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33X, 33ZF
Cases cited: Australian Executor Trustee Ltd v Provident Capital Ltd (2018) 125 ACSR 133 BMW Australia Limited v Brewster (2019) 366 ALR 171 Westpac Banking Corporation v Lenthall (2019) 366 ALR 136
Date of hearing: 28 June 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate