Federal Court of Australia
Federal Court of Australia
Evans v Davantage Group Pty Ltd (No 4) [2021] FCA 1634 File number(s): VID 982 of 2018
Judgment of: BEACH J
Date of judgment: 22 December 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – undistributed remainder of settlement sum – competing claims to the residual – application of s 33V(2) of the Federal Court of Australia Act 1976 (Cth) – relevance of equitable principles – relevance and scope of cy-près doctrine – power to impose a cy-près analogue remedy – potential windfall gain to group members – entitlement of funder to a top up commission – claim by respondent to the residual – whether modification to settlement deed or settlement distribution scheme required – relevance of US and Canadian legal frameworks concerning the distribution of residuals in class action settlements – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZA, 33ZF
Cases cited: BMW Australia Ltd v Brewster (2019) 269 CLR 574 Evans v Davantage Group Pty Ltd [2019] FCA 884 Evans v Davantage Group Pty Ltd (No.2) [2020] FCA 473 Evans v Davantage Group Pty Ltd (No.3) [2021] FCA 70 Kuterba v Sirtex Medical Ltd (No 3) [2019] FCA 1374 Simpson v Thorn Australia Pty Ltd t/as Radio Rentals (No 5) (2019) 141 ACSR 424
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 119
Date of hearing: 29 November 2021
Counsel for the Applicant: Mr BF Quinn QC with Mr D Fahey
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