Thomas v Romeo Lockleys Asset Partnership (No 3) [2022] FCA 1455

Thomas v Romeo Lockleys Asset Partnership (No 3) [2022] FCA 1455

The application was dismissed because the Administrator did not establish breach, apprehended breach, or bad faith by the respondents, and the orders sought would unjustifiably rewrite the payment timeframe agreed in the Court-approved Deed and Scheme. The Administrator's function and liberty to apply were confined to administering the Scheme according to its terms, not seeking more favourable terms for Group Members.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Representative Proceedings in the Fair Work Division Concerning Administration of an Approved Settlement Scheme / Application by the Settlement Administrator Under Liberty to Apply After Settlement Approval
Outcome
The Settlement Administrator's application was dismissed.
Legal Topics
['federal Court of Australia Act 1976 (cth) S 33 V' 'settlement Approval and Distribution Orders' 'liberty to Apply' "administrator's Role Under Settlement Scheme" 'alleged Breach of Settlement Deed' 'good Faith in Performance of Settlement Scheme']
['representative Proceedings' 'employment and Industrial Relations' 'civil Procedure' 'settlement Administration'] ['federal Court of Australia Act 1976 (cth) S 33 V' 'settlement Approval and Distribution Orders' 'liberty to Apply' "administrator's Role Under Settlement Scheme" 'alleged Breach of Settlement Deed' 'good Faith in Performance of Settlement Scheme']

Case Brief

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Procedural Posture

Representative Proceedings in the Fair Work Division Concerning Administration of an Approved Settlement Scheme / Application by the Settlement Administrator Under Liberty to Apply After Settlement Approval

Legal Issues

  1. 1 ['Whether the respondents were in breach, or could reasonably be apprehended to be in breach, of clause 12.4 of the Settlement Scheme by intending to make a single payment on the last day of the three-month payment period.' 'Whether the Court should exercise power under s 33V(2) of the Federal Court of Australia Act 1976 (Cth) to impose payment timeframes different from those agreed in the Deed and Scheme.' "Whether the Settlement Administrator's liberty to apply authorised it to seek orders rewriting or truncating the agreed payment timeframe." 'Whether the evidence established bad faith by the respondents in administering the Scheme.']

Ratio Decidendi

The application was dismissed because the Administrator did not establish breach, apprehended breach, or bad faith by the respondents, and the orders sought would unjustifiably rewrite the payment timeframe agreed in the Court-approved Deed and Scheme. The Administrator's function and liberty to apply were confined to administering the Scheme according to its terms, not seeking more favourable terms for Group Members.

Court Disposition

The Settlement Administrator's application was dismissed.

Orders

  • ["The Administrator's application for orders in terms of the short minutes of order submitted to the Court on 4 November 2022 is dismissed."]