Luxury car makers BMW and Mercedes-Benz are facing separate $100 million class actions over the alleged use of cheat devices on emissions tests.
The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.
Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.
Common fund orders are again under scrutiny in a class action which was at the centre of the High Court’s decision to strike down the orders, with a NSW Supreme Court judge sending back to the appeals court the question of whether the orders can be made at settlement.
Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.
An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.
The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.
Litigation funder IMF Bentham has shrugged off concerns about the High Court’s recent ruling on common fund orders, telling investors that it’s in a position to take over some class actions from funders daunted by the prospect of bookbuilding.
The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court.
Judges have no power to order all class action members to pay a proportion of a litigation funder’s commission out of their share of a settlement, the High Court has ruled in a landmark judgment that deals a huge defeat to litigation funders.