Haslam v Money for Living (No 3) [2007] FCA 2089

Approval was granted as the settlement was fair, reasonable and adequate, in the interests of the group members as a whole, with no objections or opt-outs, and appropriate notice procedures were followed.

Parties: First Applicant: Mary Ann Haslam; Second Applicant: Bernard Dickens; Third Applicant: Phyllis Leslie Dickens; Fourth Applicant: Delia Lemon; Fifth Applicant: Estelle Sylvia Smith; Sixth Applicant: Elaine Mavis Gainsford; Seventh Applicant: Edward James Gainsford; Eighth Applicant: Yvonne Gray; Ninth Applicant: Athol Easterbrook; First Respondent: Money for Living (Aust) Pty Ltd (Receiver & Manager Appointed) ACN 107 611 218; Second Respondent: MFL Property Holdings Pty Ltd (Receiver & Manager Appointed) ACN 111 105 125; Third Respondent: Stephen O'Neill; Fourth Respondent: Gary Dennis O'Neill; Fifth Respondent: Jolanta Simone Olszewski; Sixth Respondent: Permanent Mortgages Pty Ltd; Seventh Respondent: Perpetual Trustee Company Limited; Eighth Respondent: Latrobe Investment Services Australia Pty Ltd ACN 007 416 211; Ninth Respondent: Cash Flow King Pty Ltd ACN 108 343 853; Tenth Respondent: Patrick O'Donnell; Eleventh Respondent: Bill Kafaltis; Twelfth Respondent: Jason Taleb; Thirteenth Respondent: Kerrili Pty Ltd ACN 097 980 222; Fourteenth Respondent: Registrar of Titles; Fifteenth Respondent: MKM Capital Pty Ltd ACN 117 776 464; Sixteenth Respondent: Recorder of Titles; Seventeenth Respondent: The Commissioner of State Revenue of Victoria; Eighteenth Respondent: The Commissioner of State Revenue of Tasmania; Nineteenth Respondent: Stable Technologies Pty Ltd ACN 062 528 545
Jurisdiction: Australia
Judgment Date: 21 December 2007
Procedural Posture: Representative Proceeding (class Action) / Application for Approval of Settlement Under S 33 V of the Federal Court of Australia Act 1976 (cth)
Outcome: Settlement approved by the Court under s 33V of the Federal Court of Australia Act 1976 (Cth)
Legal Topics: Representative Proceedings, Settlement Approval, Court Discretion Under S 33 V

Civil Procedure Representative Proceedings Settlement Approval Court Discretion Under S 33 V

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

Mary Ann Haslam

First Applicant

Bernard Dickens

Second Applicant

Phyllis Leslie Dickens

Third Applicant

Delia Lemon

Fourth Applicant

Estelle Sylvia Smith

Fifth Applicant

Elaine Mavis Gainsford

Sixth Applicant

Edward James Gainsford

Seventh Applicant

Yvonne Gray

Eighth Applicant

Athol Easterbrook

Ninth Applicant

Money for Living (Aust) Pty Ltd (Receiver & Manager Appointed) ACN 107 611 218

First Respondent

MFL Property Holdings Pty Ltd (Receiver & Manager Appointed) ACN 111 105 125

Second Respondent

Stephen O'Neill

Third Respondent

Gary Dennis O'Neill

Fourth Respondent

Jolanta Simone Olszewski

Fifth Respondent

Permanent Mortgages Pty Ltd

Sixth Respondent

Perpetual Trustee Company Limited

Seventh Respondent

Latrobe Investment Services Australia Pty Ltd ACN 007 416 211

Eighth Respondent

Cash Flow King Pty Ltd ACN 108 343 853

Ninth Respondent

Patrick O'Donnell

Tenth Respondent

Bill Kafaltis

Eleventh Respondent

Jason Taleb

Twelfth Respondent

Kerrili Pty Ltd ACN 097 980 222

Thirteenth Respondent

Registrar of Titles

Fourteenth Respondent

MKM Capital Pty Ltd ACN 117 776 464

Fifteenth Respondent

Recorder of Titles

Sixteenth Respondent

The Commissioner of State Revenue of Victoria

Seventeenth Respondent

The Commissioner of State Revenue of Tasmania

Eighteenth Respondent

Stable Technologies Pty Ltd ACN 062 528 545

Nineteenth Respondent

Procedural Posture

Representative Proceeding (class Action) / Application for Approval of Settlement Under S 33 V of the Federal Court of Australia Act 1976 (cth)

Legal Issues

1 Whether the proposed settlement of part of representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Court Disposition

Settlement approved by the Court under s 33V of the Federal Court of Australia Act 1976 (Cth)

Orders

Settlement of representative proceeding in the terms of the deed of settlement between the applicants and the first and second respondents dated 13 November 2007 is approved.
Applicants have the authority of group members to enter into and give effect to the deed of settlement and its covenants.