Federal Court of Australia
Federal Court of Australia
Davis v Quintis Ltd (Subject to Deed of Company Arrangement) [2022] FCA 806 File numbers: NSD 1983 of 2017 NSD 862 of 2018
Judgment of: LEE J
Date of judgment: 1 July 2022
Date of publication of reasons: 12 July 2022
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval to discontinue representative proceeding – principles relevant to approval of discontinuance – whether appropriate to bifurcate the question of approval of the settlement to the distribution of the settlement moneys – whether settlement is fair and reasonable and in the interests of group members – settlement approved
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 33V(2)
Cases cited: Argo Managing Agency Ltd for and on behalf of the underwriting members of Lloyd's Syndicate 1200 v Quintis Ltd (subject to deed of company arrangement) [2022] FCAFC 86 Botsman v Bolitho (No 1) [2018] VSCA 278; (2018) 57 VR 68 Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 11) [2022] FCA 331
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 7
Date of hearing: 1 July 2022
NSD 1983 of 2017
Counsel for the Applicants: Mr A Edwards
Solicitor for the Applicants: Gadens
Counsel for the First Respondent: Mr S Lawrence SC
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