Williamson v Sydney Olympic Park Authority & Ors [2022] NSWSC 1618

Williamson v Sydney Olympic Park Authority & Ors [2022] NSWSC 1618

The combined deduction for funder commission and ATE insurance from the settlement sum must not exceed 25% to ensure the settlement is fair and reasonable to group members as a whole; contractual or negotiated higher rates may be limited where evidence does not justify them, and lack of informed consent or disclosure further warrants limiting total deductions.

Jurisdiction
Australia
Judgment Date
28 November 2022
Procedural Posture
Representative Proceedings / Settlement Approval Application
Outcome
Settlement approved on condition; parties to bring agreed orders giving effect within 7 days.
Legal Topics
['settlement Approval' 'litigation Funding' 'adverse Costs Insurance' 'distribution Scheme' 'funding Commission' 'legal Costs']
['civil Procedure' 'equity' 'class Actions'] ['settlement Approval' 'litigation Funding' 'adverse Costs Insurance' 'distribution Scheme' 'funding Commission' 'legal Costs']

Case Brief

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Procedural Posture

Representative Proceedings / Settlement Approval Application

Legal Issues

  1. 1 ['Whether the proposed settlement is fair and reasonable to group members as a whole' "Whether deductions for funder's commission and after the event (ATE) insurance are fair and reasonable"]

Ratio Decidendi

The combined deduction for funder commission and ATE insurance from the settlement sum must not exceed 25% to ensure the settlement is fair and reasonable to group members as a whole; contractual or negotiated higher rates may be limited where evidence does not justify them, and lack of informed consent or disclosure further warrants limiting total deductions.

Court Disposition

Settlement approved on condition; parties to bring agreed orders giving effect within 7 days.

Orders

  • ["Settlement Deed and Settlement Distribution Scheme approved and to be given effect, provided the combined deductions for AP1's commission and ATE costs do not exceed 25% of the settlement sum." 'Legal costs as assessed to be deducted from the settlement sum as approved by the costs assessor.' 'Reimbursement of...