Where a complete judgment has been prepared but not delivered due to settlement of group proceedings, the court hearing the s 33V approval application should have access to the trial judge's reasons as a definitive assessment of the parties' prospects. The unpublished reasons may be published as an annexure to the settlement approval judgment, though not as a formal judgment. The comprehensive failure of the plaintiffs' claims at trial was a highly relevant factor in assessing the fairness and reasonableness of the settlement to group members.
The full text is available to signed-in members, including the 54 later cases that cite this judgment.
5 of the 54 citing cases carry a classified treatment. How each court treated it is available to signed-in members.