Resolving a split between courts, the High Court has confirmed that judges have power to make soft class closure orders, which require class action members to register before mediation to participate in any resulting settlement.
The funder that backed a failed shareholder class action against an ex-Quintis director and EY is fighting a bid for a third-party costs order, arguing such orders shouldn’t be imposed on funders where there is no doubt they will pay up.
Although finding the former director of Quintis and its auditor, EY, engaged in misleading and deceptive conduct, a judge has dimissed a class action by the sandalwood producer’s shareholders.
Class action settlements leaped in value last year, with three settlements topping the $200 million mark.
Hino Motors has agreed to pay $87 million to settle a consumer class action alleging it misrepresented that its vehicles met Australian emissions and road standards over a 20-year period.
Boral has won a legal challenge to its former CEO facing cross-examination in a shareholder class action trial over an email referring to a confidential EY report.
Class closure orders are “anathema” to the purpose of group proceedings in facilitating access to justice and should never be ordered, the High Court has been told.
The applicants in a class action against Lendlease have found common ground with the construction giant in High Court submissions, both arguing for power to make class closure orders.
Boral has asked the Full Court to hear its appeal of a decision allowing its former CEO to be questioned about an email that mentioned a confidential EY report.
Trial in a shareholder class action against Boral has been halted amid an appeal over a decision to allow questioning of former CEO Michael Kane about an email that mentioned a confidential EY report.