Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rushleigh Services Pty Ltd v Forge Group Limited (in liquidation) (Receivers and Managers appointed) [2019] FCA 2113 File number: NSD 1382 of 2014
Judge: MURPHY J
Date of judgment: 9 December 2019
Date of publication of reasons: 13 December 2019
Catchwords: REPRESENTATIVE PROCEEDINGS – application for court approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth) – whether the proposed settlement is fair and reasonable – whether the proposed deductions from the settlement sum including the legal costs and litigation funding commission are fair and reasonable – settlement approved
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZB, 33ZF, 37AF, 37AG Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 5
Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Blairgowrie Trading Ltd v Allco Finance Group Ltd (Recs & Mgrs Apptd) (In Liq) (No 3) [2017] FCA 330; (2017) 343 ALR 476 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Darwalla Milling Co Pty Ltd v F Hoffman-La Roche Ltd (No 2) [2006] FCA 1388; (2006) 236 ALR 322 Endeavour River Pty Ltd v MG Responsible Entity Limited [2019] FCA 1719 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323; (2016) 335 ALR 439 Kirby v Centro Properties Limited (No 6) [2012] FCA 650 Kuterba v Sirtex Medical Limited (No 3) [2019] FCA 1374 Matthews v AusNet Electricity Services Pty Ltd & Ors [2014] VSC 663 Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited [2016] FCAFC 148; (2016) 338 ALR 188 P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 4) [2010] FCA 1029 Perera v GetSwift Limited [2018] FCA 732; (2018) 263 FCR 1 Petersen Superannuation Fund Pty Ltd v Bank of Queensland Limited (No 3) [2018] FCA 1842; (2018) 132 ACSR 258 Re Banksia Securities Ltd (Rec & Mgr Apptd) (in liq) (No 2) [2018] VSC 47 Rushleigh Services Pty Ltd v Forge Group Limited (In Liquidation) (Receivers and Managers Appointed) [2018] FCA 26; (2018) 355 ALR 248 Rushleigh Services Pty Ltd v Forge Group Ltd (Receivers and Managers Appointed); In the Matter of Forge Group Ltd (In Liq) (Receivers and Managers Appointed) [2016] FCA 1471 Santa Trade Concerns Pty Limited v Robinson (No 2) [2018] FCA 1491 Timbercorp Finance Pty Ltd (in liquidation) v Collins; Timbercorp Finance Pty Ltd (in liquidation) v Tomes [2016] HCA 44; (2016) 259 CLR 212
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