price & co.

?No: (P)NSD324/2009
Federal Court of Australia
District Registry: New South Wales
Division: General


CHARLES HODGES & MARK HODGES AS TRUSTEES OF THE CHARLES HODGES SUPERANNUATION FUND
Plaintiff


ANDREA JANE WATERS and others named in the schedule
Defendant


ORDER

JUDGE:

Justice Perram
DATE OF ORDER:

19 May 2014
WHERE MADE:

Sydney
THE COURT ORDERS BY CONSENT THAT:
1. At the same time that the Applicants file the notice of discontinuance of their claims against the Tenth and Eleventh Respondents (the Further Settling Respondents) pursuant to the leave granted by Justice Gleeson on 13 May 2014, the Further Settling Respondents be joined to this proceeding pursuant to Rule 9.05 of the Federal Court Rules 2011 as respondents to the proceedings solely for the purposes of any apportionment pursuant to Part IVAA of the Wrongs Act 1958 (Vic) of the claims made by the Applicants and the Group Members against the First and Second Respondents.
2. Subject to further order, the Further Settling Respondents are excused from participating in the proceedings.
3. If the application, statement of claim or defence is amended after the date of this order, the party that amended the document must serve a copy of the amended document on the Further Settling Respondents within seven days of the amended document being filed.
4. The Applicants and the First and Second Respondents are otherwise excused from any requirement under the Federal Court Rules 2011 to serve any documents filed in the proceeding on the Further Settling Respondents.
THE COURT NOTES THAT:
1. The First and Second Respondents have filed an amended defence, dated 23 July 2013 (the KPMG Defence) alleging that MFSIM and its directors, officers and members of the investment approval committee including the Further Settling Respondents are concurrent wrongdoers, within the meaning of the proportionate liability legislation pleaded in paragraph 99(a) of the KPMG Defence. No party to these proceedings has pleaded any claim for contribution, damages or any other relief against the Further Settling Respondents.
5. The Further Settling Respondents are to continue as parties to these proceedings solely for the purposes of satisfying the requirements of section 24AI(3) of the Wrongs Act 1958 (Vic) to enable the Court to determine any apportionment of the claims of the Applicants and the Group Members against the First and Second Respondents.
6. The Further Settling Respondents are joined by the Court pursuant to Rule 9.05 of the Federal Court Rules 2011 on the application of the First and Second Respondents.
7. The Applicants, the First and Second Respondents and the Further Settling Respondents agree that:
(a) provided and for so long as no claim for contribution, damages or any other relief is made against them, the Further Settling Respondents are not required to participate in the conduct of the proceedings; and
(b) no finding made or conclusion drawn by the Court with respect to the conduct of the Further Settling Respondents shall be binding upon them in the event a claim for contribution, damages or other relief is subsequently brought against them by any of the parties to these proceedings.

Date that entry is stamped:
Deputy District Registrar
Schedule