Federal Court of Australia
Federal Court of Australia
Ewok Pty Ltd as trustee for the E & E Magee Superannuation Fund v Wellard Limited [2024] FCA 296 File number(s): VID 175 of 2020
Judgment of: BUTTON J
Date of judgment: 28 March 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – application for approval of settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) – where proceeding commenced as a "closed class" representative proceeding – where all group members entered into funding agreements with the litigation funder – whether proposed settlement is fair and reasonable – consideration of proposed deductions from settlement sum – whether suppression orders are necessary to prevent prejudice to the proper administration of justice – limited suppression orders made – settlement approved
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 37AI, 33V, 33ZB Corporations Act 2001 (Cth) ss 674, 728, 1041H Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Competition and Consumer Act 2010 (Cth) Sch 2, s 18
Cases cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (In Liq) (No 3) (2017) 118 ACSR 614; [2017] FCA 330 BMW Australia Ltd v Brewster (2019) 269 CLR 574; [2019] HCA 45 Bradshaw v BSA Ltd (No 2) [2022] FCA 1440 Coatman v Colonial First State Investments Ltd [2022] FCA 1611 Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377; [2020] FCAFC 44 Davaria Pty Ltd v 7-Eleven Stores Pty Ltd (2020) 281 FCR 501; [2020] FCAFC 183 Ghee v BT Funds Management Ltd [2023] FCA 1553 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 J & J Richards Super Pty Ltd v Linchpin Capital Group Limited (Settlement Approval) [2023] FCA 656 Kelly v Willmott Forests Ltd (in liq) (No 4) (2016) 112 ACSR 584; [2016] FCA 323 Liverpool City Council v McGraw-Hill Financial, Inc (now known as S&P Global Inc) [2018] FCA 1289 Luke v Aveo Group Ltd (No 3) [2023] FCA 1665 Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 7) [2023] FCA 1273 Webb v GetSwift Limited (No 7) (2023) 165 ACSR 560; [2023] FCA 90 Yasmin v Commonwealth of Australia [2023] FCA 1661
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