Giabal Pty Ltd v Gunns Plantations Ltd (in liquidation) (No 2) [2023] NSWSC 201

Supreme Court New South Wales

Medium Neutral Citation: Giabal Pty Ltd v Gunns Plantations Ltd (in liquidation) (No 2) [2023] NSWSC 201 Hearing dates: 2 March 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Equity Before: Darke J Decision: Approval given to settlement of representative proceedings. Catchwords: CIVIL PROCEDURE – representative proceedings – settlement or discontinuance – court approval – whether the proposed settlement is fair and reasonable in the interests of group members as a whole – approval granted Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Civil Procedure Act 2005 (NSW), Pt 10, s 173 Corporations Act 2001 (Cth), Pt 5C.1 Cases Cited: Quirk v Suncorp Portfolio Services Ltd in its capacity as trustee for the Suncorp Master Trust (No 2) [2022] NSWSC 1457 Category: Procedural rulings Parties: Giabal Pty Ltd (First Plaintiff) Geoffry Edward Underwood (Second Plaintiff) Gunns Plantations Ltd (in liquidation) (First Defendant) Gunns Ltd (in liquidation) (Second Defendant) Wayne Leonard Chapman (Third Defendant) Robert Watson and Erica Gay as the legal personal representatives for the estate of the late John Eugene Gay (Fourth Defendant) Rodney John Loone (Fifth Defendant) Leslie Ralph Baker (Sixth Defendant) Robert Henry Graham (Seventh Defendant) Robin Gray (Eighth Defendant) Paul Desmond Teisseire (Ninth Defendant) Andrew Gray (Tenth Defendant) Mathew Gary Wallace (Eleventh Defendant) Catlin Australia Pty Ltd (Twelfth Defendant) Chubb Insurance Australia Ltd (Thirteenth Defendant) Representation: Counsel: Mr I Pike SC with Mr T L Bagley (Plaintiffs) Mr J A Arnott SC and Ms A Hammond (Tenth to Eleventh Defendants) Mr D L Williams SC with Mr A J Barnett (Twelfth to Thirteenth Defendants) Mr G Donnellan with Mr E Olivier (LCM Operations Pty Ltd – intervening)