McKenzie v Cash Converters International Ltd (No 4) [2019] FCA 166

McKenzie v Cash Converters International Ltd (No 4) [2019] FCA 166

The Court approved the settlement as fair and reasonable to all group members, removed inappropriate conditions precedent regarding appointment of the claims administrator, found it appropriate to dismiss the civil penalty relief in the interests of achieving settlement for group members, and endorsed reimbursement to the applicant for representative work performed.

Parties
Applicant: Kim McKenzie; First Respondent: Cash Converters International Ltd ACN 069 141 546; Second Respondent: Cash Converters (Cash Advance) Pty Ltd ACN 127 866 308; Third Respondent: Cash Converters (Stores) Pty Ltd ACN 127 343 293; Fourth Respondent: BAK Property Pty Ltd ACN 103 054 824
Jurisdiction
Australia
Judgment Date
31 January 2019
Procedural Posture
Representative Proceeding (class Action) / Settlement Approval Application Under S 33 V of the Federal Court of Australia Act 1976 (cth)
Outcome
Settlement approved; orders made as set out.
Legal Topics
Representative Proceedings, Class Actions, Settlement Distribution, Civil Penalty, Claims Administration, Reimbursement Payments
Civil Procedure Consumer Law Credit Law Representative Proceedings Class Actions Settlement Distribution Civil Penalty Claims Administration +1 more

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kim McKenzie

Applicant

Cash Converters International Ltd ACN 069 141 546

First Respondent

Cash Converters (Cash Advance) Pty Ltd ACN 127 866 308

Second Respondent

Cash Converters (Stores) Pty Ltd ACN 127 343 293

Third Respondent

BAK Property Pty Ltd ACN 103 054 824

Fourth Respondent

Procedural Posture

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

Legal Issues

  1. 1 Should the Court approve the proposed settlement under s 33V of the Federal Court of Australia Act 1976 (Cth)?
  2. 2 Is it appropriate for the applicant's solicitor to be appointed as claims administrator as a condition precedent to settlement?
  3. 3 Is it appropriate to dismiss the relief seeking a civil penalty under s 102(2) of the Consumer Credit Code (QLD)?

Ratio Decidendi

The Court approved the settlement as fair and reasonable to all group members, removed inappropriate conditions precedent regarding appointment of the claims administrator, found it appropriate to dismiss the civil penalty relief in the interests of achieving settlement for group members, and endorsed reimbursement to the applicant for representative work performed.

Court Disposition

Settlement approved; orders made as set out.

Orders

  • Settlement of the proceeding approved as per Deed of Settlement (with certain clauses excepted) and Settlement Distribution Scheme.
  • Maurice Blackburn appointed as Claims Administrator.