Webb v GetSwift Limited (No 3) [2018] FCA 1133

Webb v GetSwift Limited (No 3) [2018] FCA 1133

Indemnity costs orders and lump sum quantification were justified due to Squire Patton Boggs' conduct being inconsistent with the overarching purpose and causing unnecessary costs; no prior notice to group members was required before making the common fund order as opt-out rights remained and additional notice would cause unnecessary delay and expense.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Representative Proceedings / Interlocutory Applications / Post Interlocutory Applications, Orders on Costs
Outcome
Indemnity costs orders made against Squire Patton Boggs; lump sum costs fixed at $38,271.
Legal Topics
['representative Proceedings' 'class Actions' 'costs Orders' 'common Fund Order' 'case Management']
['commercial and Corporations' 'corporations and Corporate Insolvency'] ['representative Proceedings' 'class Actions' 'costs Orders' 'common Fund Order' 'case Management']

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Procedural Posture

Representative Proceedings / Interlocutory Applications / Post Interlocutory Applications, Orders on Costs

Legal Issues

  1. 1 ['Whether court should make a common fund order without prior notice to group members' 'Whether indemnity costs orders should be made against Squire Patton Boggs' 'Whether lump sum costs quantification is appropriate']

Ratio Decidendi

Indemnity costs orders and lump sum quantification were justified due to Squire Patton Boggs' conduct being inconsistent with the overarching purpose and causing unnecessary costs; no prior notice to group members was required before making the common fund order as opt-out rights remained and additional notice would cause unnecessary delay and expense.

Court Disposition

Indemnity costs orders made against Squire Patton Boggs; lump sum costs fixed at $38,271.

Orders

  • ["Squire Patton Boggs (AU) is to pay the applicant's costs and associated disbursements of interlocutory applications on an indemnity basis, fixed at a lump sum of $38,271." "Squire Patton Boggs is to pay the applicant's costs and associated disbursements in NSD1112/2018 on an indemnity basis, forming part of the...