Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Webb v GetSwift Limited (No 7) [2023] FCA 90 File number(s): NSD 580 of 2018
Judgment of: MURPHY J
Date of judgment: 2 February 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether proposed settlement is fair and reasonable in the interests of group members and as between group members – heavily discounted settlement because of respondents' insolvency – settlement approved
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2000 (Cth) ss 563A, 674, 1041E, 1041H Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZF
Cases cited: Australian Securities and Investments Commission v GetSwift (Liability Hearing) [2021] FCA 1384 Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) (No 3) [2017] FCA 330 Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Camilleri v The Trust Company (Nominees) Ltd [2015] FCA 1468 Davison v Commissioner of Police, NSW Police Force [2021] FCA 1324 Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323; 335 ALR 439 Matthews v SPI Electricity Pty Ltd (Ruling No 13) [2013] VSC 17; (2013) 39 VR 255 McKenzie v Cash Converters International Ltd (No 3) [2019] FCA 10 Parkin v Boral Limited (Class Closure) [2022] FCAFC 47; 291 FCR 116 Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634 Smith v Commonwealth of Australia (No 2) [2020] FCA 837 State of New South Wales v Kable [2013] HCA 26; 252 CLR 118 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; (2016) 259 CLR 212 Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459
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