Recent Cases

Augusta Pool 1 UK Ltd v Williamson [2023] NSWCA 93 (12 May 2023) (Bell CJ, Ward P and Adamson JA)


Catchwords:


CIVIL PROCEDURE — Representative proceedings — Settlement or discontinuance — Approval of settlement with limitation on deduction out of settlement sum for litigation funder’s commission and “after the event” (ATE) insurance premium to 25% of gross settlement sum — Whether primary judge impermissibly imposed onus on the litigation funder to adduce expert evidence – Whether primary judge took into account irrelevant factors in consideration of kinds of evidence adduced in cases in which common fund orders had been sought in the context of a s 173 application – Whether primary judge erred in finding that there was insufficient disclosure made to the group members at the relevant time and in according insufficient weight to lack of objection by group members to the proposed deductions and the competitive process by which litigation funding was arranged