Yes this is very good for the women in the class action. It should be noted however that awarding of costs shouldn't affect Shine too much since the lawyers are to be paid regardless of who pays. However the announcement is good for us (the Shareholders) since we now have some idea of the WIP to be converted to cash from this case i.e. it is more than $39.7mil.
One question remains outstanding however is whether Shine receives recompense for having funded the class action (it was acting as a de-facto litigation funder). This should be in addition to any amount earned in fees and the amount should be substantial. Shine took on substantial financial risk with this case and should be compensated for this (quite separate from fees for services rendered) I am still unclear on whether or not this will happen. If Shine took on this risk without any promise of return then management should have some tough questions to answer as to why they did this (regardless of the success of the case). We need clarity on this.
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- Ann: Mesh Class Action Costs Order
Ann: Mesh Class Action Costs Order, page-5
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