Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cantor v Audi Australia Pty Limited (No 5) [2020] FCA 637 File numbers: NSD 1307 of 2015 NSD 1308 of 2015 NSD 1459 of 2015 NSD 1472 of 2015 NSD 1473 of 2015
Judge: FOSTER J
Date of Orders: 1 April 2020
Date of publication of Reasons: 13 May 2020
Catchwords: CONSUMER LAW – representative proceedings – whether the Court should approve the settlement of five class actions brought under Pt IVA of the Federal Court of Australia Act 1976 (Cth) in which Australian purchasers of Volkswagen-branded, Audi-branded and Skoda-branded diesel-powered motor vehicles sued for (inter alia) compensation for loss and damage allegedly suffered by them as a consequence of the respondents (Volkswagen Aktiengesellschaft and certain of its related corporations) installing illegal sophisticated two-mode software in the engines of such vehicles designed to circumvent Australian emissions standards in respect of NOx – whether, in addition, the Court should make a common fund order either at the instigation of the litigation funder of two of those class actions or at the instigation of the applicants in those two class actions – whether, in the event that the Court declines to make any common fund order, the Court should make a funding equalisation order in respect of percentage commission payments and project management fees which a small number of group members in the classes specified in two of those class actions agreed to make to that litigation funder
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