Augusta Pool 1 UK Ltd v Williamson

(2023) 111 NSWLR 378; [2023] NSWCA 93

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Representative proceedings
3. › Settlement or discontinuance
4. › Approval of settlement
5. › Limitation on deduction from settlement sum for litigation funder's commission and ATE insurance premium
6. › Whether primary judge erred in limiting deductions to 25% of gross settlement sum
7. › Civil Procedure Act 2005 (NSW), s 173
1. Practice and Procedure
2. › Representative proceedings
3. › Settlement approval
4. › Standard of appellate review
5. › Whether approval under s 173 involves discretionary decision or evaluative judgment
6. › Whether House v The King or Warren v Coombes standard applies
7. › Civil Procedure Act 2005 (NSW), s 173
1. Practice and Procedure
2. › Representative proceedings
3. › Settlement approval
4. › Litigation funding
5. › Reasonableness of funder's commission
6. › Whether primary judge impermissibly imposed onus on funder to adduce expert evidence
7. › Whether regard may be had to common fund order cases
1. Practice and Procedure
2. › Representative proceedings
3. › Settlement approval
4. › Disclosure to group members
5. › Adequacy of disclosure as to ATE insurance premiums and percentage deductions
6. › Weight to be given to absence of objection by group members

Quick Take

Litigation funders in NSW representative proceedings must ensure that disclosure to group members clearly states the percentage of the settlement sum represented by all deductions (including ATE insurance premiums), as inadequate disclosure will undermine the weight given to absence of objection and may result in the court reducing the funder's commission on settlement approval.