It's been a long time since I updated with a video on the #CryptoClassAction Law Suit which @apshamilton @jpbliberty has been fighting in Australia for years now.
We're heading into a hearing for "leave to appeal" (i.e. permission to appeal) and (finally) about our no adverse costs order which we've been trying to have heard since the very beginning. This is the order which Australian law allows a court to decide that a case on competition law is important to many people and should be heard without the side bringing the case being liable for the other side's costs if they lose. Andrew's case seems to be a perfect fit for this law.
In advance of that, Andrew received a settlement offer from both Facebook/Meta and Google. In turn, today, Andrew has proposed that he will issue a counter offer.
In this video I give a background explanation of what's going on here and I hope this helps demystify some of the language here.
The long and the short of it is Google and Facebook are trying to crush Andrew with legal bills and hoping that offering to let him off paying for their massive legal teams will buy him off whilst offering nothing for our class members.
Andrew is not accepting that and if they want him to stop the case they'll have to cease banning crypto advertising and at least partially make good on the damages they caused to those who signed up for our class.
As they say: the case continues....
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A few minor clarifications to Brian's excellent plain English video.
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.
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.
The barrister for Google at the case management hearing was not a KC.
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.
Andrew had every right to be pissed though. Privileged communication indeed. I think everything he's been offered in return to drop the whole case isn't worth it at all.
I tend to think it's just the authorities vs him now, and they're probably trying to push him into a tight spot. 750k is a lot of money though.
It’s looking like Andrew is never going to stop this case. It’s obvious that he already stood on his words…
I am actually putting myself in Andrew shoe and the truth is if I am in his shoes, I will also will have get angry and pissed off
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