This appeal concerned a class action commenced under Part 13A of the Civil Proceedings Act 2011 (Qld). The plaintiffs sought damages for pure economic loss caused by the defendants’ allegedly negligent production of sorghum seeds. The plaintiffs failed at trial on the basis that no duty of care was owed.…
An application for leave to appeal from a decision of the primary judge ordering security for costs in an unfunded class action commenced by a franchisee and two guarantors and shareholders. The franchisee entered into a franchise agreement under which Mr Goodwin and Mr Blackstock were Guarantors. The applicants allege…
The defendant sought special leave to appeal to the High Court of Australia from a decision of the Queensland Court of Appeal to argue that a typical class action funding agreement was unenforceable for public policy reasons because it gave the funder an impermissible degree of control over the action…
Prygodicz v Commonwealth of Australia (No 2) [2021] FCA 634
11-6-21 / Michael Hodge KC — Class Actions
Six Applicants sought approval from the Court for the settlement of a class action brought against the Commonwealth for its use of an automated debt-collection system from July 2015 to November 2019 – also known as ‘Robodebt’. The Applicants submitted that the requested settlement would address their claims for unjust…
Hearing for costs of the proceeding in Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd [2021] QSC 74. The plaintiffs’ claim was dismissed on the basis that no duty of care was owed. However, the Court found that had a duty of care been owed, then the plaintiff…
