Pearson v State of Queensland (No 3) [2023] FCA 203

Federal Court of Australia

Pearson v State of Queensland (No 3) [2023] FCA 203 File number(s): QUD 714 of 2016

Judgment of: MURPHY J

Date of judgment: 10 March 2023

Catchwords: REPRESENTATIVE PROCEEDINGS – application by Administrator of the Settlement Distribution Scheme – application to amend the Scheme so as to narrow the group members who will be entitled to a distribution from the residue of the Settlement Distribution Fund - application for a substantial increase in the estimated fees to be paid to the Administrator – application to extend the time to distribute the residue of the Settlement Distribution Fund – application approved.

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 67

Date of hearing: Determined on the papers

Solicitor for the Administrator: Bottoms English Lawyers

Solicitor for the Respondent: Crown Law

ORDERS QUD 714 of 2016

BETWEEN: HANS PEARSON Applicant

AND: STATE OF QUEENSLAND Respondent

order made by: MURPHY J DATE OF ORDER: 10 March 2023

THE COURT ORDERS THAT:

Amendments to Amended Settlement Distribution Scheme: 1. Pursuant to s 33V and s 33ZF of the Federal Court of Australia Act 1976 (Cth), the Amended Settlement Distribution Scheme (the SDS) approved by Orders made 8 September 2020: (a) be further amended by the insertion of new clause 58A in the form of the double-underlined amendments to the SDS set out at Annexure "A" to these Orders; and (b) such amendments have retrospective effect from 17 January 2020.