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Ann: Class Action Resolution, page-28

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  1. 289 Posts.
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    This post demonstrates your extremely shallow knowledge of how a settlement works in litigation, and how you are focused on bringing MSB down in this forum.

    Once a class action is commenced by a group of plaintiffs, you do not just turn up in an open court the next day and defend your case - perhaps you are watching too much American dramas.

    A series of correspondence follows upon filing of a statement of claim. There are pre-hearing processes including pre-trial conferences and multiple directions hearings, and during those processes the parties are at liberty to negotiate a settlement and pursue alternative dispute resolution.

    ADRs and settlement deeds often result in a win-win as prolonged litigation can be extremely costly, not just for MSB but also for the plaintiffs. It is expensive to run a class action - comparatively it is more expensive to run one than to defend one, given the economic imbalance between individuals and company.

    A 'no admission as to fault' settlement means there is a bar to proceedings - no further claim can be brought against MSB by the same people that initiated these proceedings. In other words, the plaintiffs accepted that MSB was not at fault - hence your statement "the payment implies fault" is plainly wrong.

    You should also note that when a case is managed by the insurer, the insurer has the discretion to reach a settlement rather than to defend the case, particularly in circumstances where the insurance regards the settlement as a better and more affordable option, or when defending the case is completely unnecessary where the settlement terms offered by the plaintiff are acceptable to the insurer (which I would imagine it to have been the case this time).

    "Subject to court approval" in today's announcement means the parties have reached terms of settlement and have applied for a consent order by the court - essentially the parties are requesting that the Court issues an order on terms agreed upon between them.

    Unless the court regards the settlement terms as not just and equitable for both parties, it will issue the order and the case will close.

    Rather than creating inaccurate noise, how about you spend some time to pursue further studies?
    Last edited by Blackkkkkkk: 22/08/24
 
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