15 December 2017: A stitch being on time also means not too early – Common Fund Order refused due to unresolved claims in defendant’s administration
15 December 2017: A stitch being on time also means not too early – Common Fund Order refused due to unresolved claims in defendant’s administration

Application for common fund order refused on grounds of:

(a)   Being premature given the unresolved status of debts claimed in the external administration of a defendant (being the same claims sought in the class action), and the potential for joinder of additional defendants to the action; and

(b)   The terms proposed would allow the funder to take a success fee for debts recovered the administration, not just the class action it was funding.

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Recent Class JudgementsDavid BurstynerAdley Burstyner