CIVIL PROCEDURE — Representative proceedings — Court approval of settlement sum — Where the funds available for distribution from the proposed settlement are significantly eroded by deductions in favour of the litigation funder and for legal costs — Whether a contradictor should be appointed
Quick Take
1Where proposed deductions from a class action settlement sum in favour of a litigation funder and for legal costs significantly erode the funds available for distribution to group members, the appointment of a contradictor is warranted to assist the court in discharging its protective and supervisory function under s 173 of the Civil Procedure Act 2005 (NSW).
2Deferring the decision to appoint a contradictor until after the filing of evidence and submissions on the approval application may be unrealistic where the short remaining period would compromise the contradictor's ability to traverse the material and make meaningful submissions.
