SurfStitch Settlement Approval Application pursuant to the Ezibuy DOCA and section 173 of the Civil Procedure Act 2005

SurfStitch Settlement Approval Application pursuant to the Ezibuy DOCA and section 173 of the Civil Procedure Act 2005

SurfStitch Settlement Approval

Since early May 2018, the settlement of the class action against SurfStich has progressed as follows:

  1. the Ezibuy DOCA involves the settlement of all claims against SurfStitch, which includes the Gadens action (known as the McConnell Proceeding) and the competing class action being run in the Supreme Court of New South Wales issued by the representative lead plaintiff Nakali Pty Ltd (Nakali Proceeding);
  2. the funders of this proceeding, and the Nakali Proceeding (SurfStitch Class Actions) and their solicitors Johnson Winter & Slattery are cooperating with Gadens to progress the settlement approval application before his Honour Justice Stevenson;
  3. given the requirements of the Court to approve the settlement under the Ezibuy DOCA and section 173 of the Civil Procedure Act 2005 (NSW) (CPA), the 3 May directions hearing was adjourned to 5 July for a special fixture before Justice Stevenson, at which time certain procedural requirements of the settlement approval were vetted by the parties.
  4. the McConnell Plaintiff’s settlement motion filed 3 July was heard in part on 5 July by his Honour, where orders were made including:
    1. the appointment of Sydney counsel Guy Donnellan as an independent contradictor to the settlement approval application (who is required to represent the interests of class action group members independent of the SurfStitch Deed Administrators);
    2. that the matter be listed for the special fixture of a 1 day hearing on 20 September commencing at 10:00 am;
    3. a timetable be set down for the filing and service of confidential and non-confidential evidence and submissions in support/opposition to the settlement approval application by the parties and contradictor; and
    4. a timetable for the filing of the proposed notice to group members regarding:
      1. the settlement approval application; and
      2. the timetable for evidence and submissions in (c).

The settlement approval application is listed for return on 25 July at 9:30 am, at which time we expect His Honour will hear arguments from the parties regarding the form of notice to group members in (d) above, and will make orders for its circulation (if approved) by the Deed Administrators.

A copy of the approved notice to group members will be posted to this website in due course.

Please contact a member of our team should you have any queries.

Glenn McGowan QC

Partner & Chief Counsel

Rebecca Di Rago

Lawyer

VIC-Surf-Stitch@gadens.com

This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.