Levitt v Luke in his capacity as the co-executor of the estate of Luke (Deceased)

• 1. appeal from a decision approving a settlement under s 33V of the Federal Court of Australia Act 1976 (Cth)
• 1. no error in primary judge’s finding that there were inadequate explanations for the delay in the preparation and finalisation of expert evidence
• 1. primary judge erred in finding that the matter would likely have settled at mediation had solicitor acted with due expedition
• 1. no reason to disturb orders made by the primary judge on a re-exercise of discretion under s 33V

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