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The Federal Court dismissed a late opt-out motion in the Heyder class action, finding no authority to extend the Final Settlement Agreement deadline and no basis for relief.
The Court of Appeal held the correct test for extending the opt-out deadline is that the delay must result from excusable neglect and granting an extension must not prejudice the class, the defendant, or the administration of justice; the motion judge failed to apply that test and the appellant satisfied it, so the appeal was allowed and an extension granted.
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