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RE: Offer and counter offer: dueling settlement offers in the Crypto Class Action law suit in Australia

in Threespeak9 months ago

A few minor clarifications to Brian's excellent plain English video.

  1. Signed up class members agree to give 30% of their damages if the case is won to JPB Liberty (5%) and the investors (SUFB Token holders) 25%. They are not liable for costs.

  2. The language of the settlement offers was "Without prejudice, save as to costs." This normally creates a without prejudice" privilege against admission of such material into evidence. But it allows admission in relation to the determination of liability for costs.

  3. The barrister for Google at the case management hearing was not a KC.

  4. I am seeking the admission of the settlement offers mainly because s131(2)(h) of the Evidence Act 1995 (Cth) has an exception to the normal rule about non-admission of settlement discussions if the "document is relevant to determining liability for costs". A no adverse costs order hearing is a determination of liability for costs.