Federal Court of Australia
Federal Court of Australia
Compumod Investments Pty Limited as trustee for the Compumod Pty Limited Staff Superannuation Fund v Universal Equivalent Technology Limited (Settlement Approval) [2024] FCA 571 File number: NSD 917 of 2020
Judgment of: LEE J
Date of judgment: 27 May 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – closed class representative proceeding – where proposed settlement resolves part of the justiciable controversy – authority of representative applicant to deal with the claims of group members – how claims of group members are quelled under Pt IVA – confidentiality orders in Pt IVA proceedings – fairness and reasonableness of settlement proposal – settlement approved
Legislation: Corporations Act 2001 (Cth) s 444D(1) Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33C, 33V, 33ZB, 33ZF Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) s 4
Cases cited: Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583 Fowkes v Boston Scientific Corporation [2023] FCA 230 J & J Richards Super Pty Ltd v Linchpin Capital Group Limited (No 2) [2023] FCA 509 Liverpool City Council v McGraw-Hill Financial, Inc (now known as S&P Global Inc) [2018] FCA 1289
Division: General Division
Registry: New South Wales
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