Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v CIMIC Group Limited [2020] FCA 510 File number: ACD 93 of 2016
Judge: JAGOT J
Date of judgment: 28 April 2020
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking settlement of class action – factors relevant to assessment whether settlement is reasonable – lack of opposition relevant to assessment of whether settlement is fair and reasonable – where approval of settlement would extinguish the claims of unregistered group members – extinguishment necessary for resolution of the proceeding – suppression of certain documents relating to settlement – suppression granted – settlement application granted
Legislation: Civil Procedure Act 2005 (NSW) ss 173, 177, 179, 183 Federal Court of Australia Act 1976 (Cth) ss 33V, 33Z, 33ZB, 33ZF, 37AF, 37AG(1)(a)
Cases cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (No 3) [2017] FCA 330 Camilleri v The Trust Company (Nominees) Limited [2015] FCA 1468 Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia [2020] NSWCA 66 Newstart 123 Pty Ltd v Billabong International Ltd [2016] FCA 1194
Date of hearing: 28 April 2020
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub Area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: C Moore SC with P Strickland
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