Adams v Navra Group Pty Ltd [2019] FCA 1157

Adams v Navra Group Pty Ltd [2019] FCA 1157

All class members have executed settlement deeds under an insurance distribution scheme, received their settlement payments and released the respondent from liability, so discontinuance is appropriate and fair; there is no remaining utility in the class action continuing.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Representative Proceeding (class Action) / Application for Discontinuance Approval Under S 33 V FCA Act
Outcome
Application to discontinue proceeding approved.
Legal Topics
['representative Proceedings' 'discontinuance of Class Action' 'approval Under S 33 V FCA Act']
['practice and Procedure' 'corporations Law'] ['representative Proceedings' 'discontinuance of Class Action' 'approval Under S 33 V FCA Act']

Case Brief

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Procedural Posture

Representative Proceeding (class Action) / Application for Discontinuance Approval Under S 33 V FCA Act

Legal Issues

  1. 1 ['Whether leave to discontinue class action should be granted under s 33V of the Federal Court of Australia Act 1976 (Cth)' 'Whether discontinuance is fair and reasonable having regard to the interests of affected class members' 'Whether confidentiality order over certain settlement materials should be made']

Ratio Decidendi

All class members have executed settlement deeds under an insurance distribution scheme, received their settlement payments and released the respondent from liability, so discontinuance is appropriate and fair; there is no remaining utility in the class action continuing.

Court Disposition

Application to discontinue proceeding approved.

Orders

  • ['The application to discontinue the proceeding pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) is approved.' 'The proceeding is dismissed with each party to bear their own costs.' "Exhibit 'AKG1' to the affidavit of Andrew Keith Gill affirmed on 5 March 2019 to be confidential for 12 months under...