El-Zein v Barton Nine Pty Limited as trustee of the Barton Nine Settlement [2020] FCA 1197

El-Zein v Barton Nine Pty Limited as trustee of the Barton Nine Settlement [2020] FCA 1197

The settlement sum is within the range of likely amounts regarded as an adequate compromise of the claims of the applicants and group members given the mixed success at trial, potential appeal risks, deduction of reasonable legal fees and funder fees, and compensation for applicants' efforts. The settlement is fair and reasonable and should be approved pursuant to s 33V, with s 33ZB orders to bind all relevant group members.

Jurisdiction
Australia
Judgment Date
12 August 2020
Procedural Posture
Representative Proceeding / Settlement Approval Application
Outcome
Settlement approved; proceeding dismissed subject to completion of distribution; binding orders made.
Legal Topics
['representative Proceedings' 'settlement Approval' 'class Actions' 'settlement Distribution Scheme' 'litigation Funding' 'contracts']
['commercial Law' 'corporations Law'] ['representative Proceedings' 'settlement Approval' 'class Actions' 'settlement Distribution Scheme' 'litigation Funding' 'contracts']

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Procedural Posture

Representative Proceeding / Settlement Approval Application

Legal Issues

  1. 1 ['Whether the settlement of the representative proceeding is a fair and reasonable compromise of claims made on behalf of group members' 'Whether the settlement should be approved pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Whether orders pursuant to s 33ZB of the Act should bind all group members who have not opted out']

Ratio Decidendi

The settlement sum is within the range of likely amounts regarded as an adequate compromise of the claims of the applicants and group members given the mixed success at trial, potential appeal risks, deduction of reasonable legal fees and funder fees, and compensation for applicants' efforts. The settlement is fair and reasonable and should be approved pursuant to s 33V, with s 33ZB orders to bind all relevant group members.

Court Disposition

Settlement approved; proceeding dismissed subject to completion of distribution; binding orders made.

Orders

  • ['Extension of Registration Deadline to 4 August 2020' 'Settlement approved pursuant to s 33V of Federal Court of Australia Act 1976 (Cth)' 'Payments authorised from Settlement Sum: $1,200,000 to funder for legal fees/disbursements, $655,171.16 to funder for funding fee, $9,000 to First and Second Applicants, $4,500...