Kemp v Westpac Banking Corporation (No 5) [2024] FCA 996

Kemp v Westpac Banking Corporation (No 5) [2024] FCA 996

The Court approved a net increase of $157,090.02 in legal and administration costs to be paid from the settlement fund, varying previous orders, as the additional costs were found to be reasonably and properly incurred and would not adversely affect group members' entitlements. Broad confidentiality claims were rejected except in respect of specific Deloitte proposals containing proprietary information.

Jurisdiction
Australia
Judgment Date
26 August 2024
Procedural Posture
Representative Proceedings / Application for Approval of Costs and Final Distribution of Settlement Scheme
Outcome
Application granted in part
Legal Topics
['settlement Distribution Scheme' 'class Actions' 'legal Costs' 'confidentiality Orders']
['commercial Law' 'corporations Law' 'consumer Protection'] ['settlement Distribution Scheme' 'class Actions' 'legal Costs' 'confidentiality Orders']

Case Brief

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Procedural Posture

Representative Proceedings / Application for Approval of Costs and Final Distribution of Settlement Scheme

Legal Issues

  1. 1 ['Whether additional legal and administration costs should be approved for payment from the settlement fund' 'Whether claims for confidentiality orders over specified documents should be granted']

Ratio Decidendi

The Court approved a net increase of $157,090.02 in legal and administration costs to be paid from the settlement fund, varying previous orders, as the additional costs were found to be reasonably and properly incurred and would not adversely affect group members' entitlements. Broad confidentiality claims were rejected except in respect of specific Deloitte proposals containing proprietary information.

Court Disposition

Application granted in part

Orders

  • ['Order 7(a) of previous orders amended: approved amount for legal costs and disbursements to 21 June 2023 set at $6,669,056.14.' 'Additional amount of $238,262.94 approved for legal costs and disbursements incurred from 22 June 2023.' 'Specified Deloitte settlement administration proposals to remain confidential...