| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
GROUP PROCEEDINGS LIST
S ECI 2020 03924
| DAIMIN NATHAN | First Plaintiff |
| TANIA NATHAN | Second Plaintiff |
| v | |
| MACQUARIE LEASING PTY LTD (ACN 002 674 982) | Defendant |
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JUDGE: | Harris J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 20 August 2025 |
DATE OF JUDGMENT: | 19 September 2025 |
CASE MAY BE CITED AS: | Nathan v Macquarie Leasing Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2025] VSC 594 |
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PRACTICE AND PROCEDURE — Group Proceeding — Application for approval of settlement of group proceeding — Whether confidentiality orders should be made — Whether settlement distribution scheme is fair and reasonable — Settlement distribution between classes of group members — Deductions from the settlement fund — Whether group costs order should be varied — Settlement approved — Supreme Court Act 1986 (Vic) Part 4A, ss 33V, 33ZDA.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | D Fahey with M Bui | Maurice Blackburn |
| For the Defendant | S Gerber | Gilbert + Tobin |
TABLE OF CONTENTS
The nature of the claims in the proceeding.................................................................................. 1
Relevant procedural background.................................................................................................... 5
Group costs order.......................................................................................................................... 5
Opt out and registration............................................................................................................... 6
Mediation....................................................................................................................................... 6
Trial and settlement...................................................................................................................... 6
Reinstatements and late registrations............................................................................................ 7
Confidentiality orders....................................................................................................................... 9
Applicable principles...................................................................................................................... 12
The proposed settlement................................................................................................................ 13
Loss Assessment Formula.......................................................................................................... 17
Was the settlement fair and reasonable? .................................................................................... 19
Fairness inter partes..................................................................................................................... 19
Fairness inter se............................................................................................................................ 20
Other matters relevant to the distribution of the settlement sum....................................... 21
Deductions from the Settlement Sum.......................................................................................... 22
Group costs order........................................................................................................................ 22
Considerations on whether the group costs order should be varied......................... 23
The reasons for making the group costs order.............................................................. 24
The plaintiffs’ submissions – there is no reason to vary the group costs order....... 25
Conclusion – there is no reason to vary the group costs order................................... 27
The appointment of the Scheme Administrator..................................................................... 28
The costs of the settlement administration.............................................................................. 29
Compensation payment to Tania and Daimin Nathan, the representative plaintiffs...... 30
Conclusion – the orders proposed by the plaintiffs and supported by the defendant were appropriate.................................................................................................................................. 32
HER HONOUR:
The plaintiffs, Tania and Daimin Nathan, brought this group proceeding on behalf of group members who entered into car loans with the defendant, Macquarie Leasing Pty Ltd, that was arranged through car dealers.[1] The group members claim to have suffered loss because of the effect of undisclosed ‘flex commissions’ paid by Macquarie to the dealers.[2] In substance, the plaintiffs’ claim was that the arrangement permitted the dealers to set an interest rate at their discretion on car loans, which was above a base rate identified by Macquarie. Macquarie would then pay the dealer a commission on the difference between the base rate and the interest rate set by the dealer. This undisclosed commission had the effect of inflating the interest rate paid on the loan.
[1]Plaintiffs’ Amended Statement of Claim filed on 28 August 2024, [1].
[2]The group is defined to be persons who entered into such loans between 1 March 2013 and 31 October 2018. Affidavit…
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- Case
- [2025] VSC 594
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether confidentiality orders should be made in relation to the settlement and whether the distribution scheme of the settlement fund was fair and reasonable. The court also had to consider the deductions from the settlement fund and whether the group costs order should be varied. The applicants argued that the settlement was fair and reasonable and that the deductions from the settlement fund were justified.
The court found that the settlement was fair and reasonable, and the distribution scheme was appropriate. The court also found that the deductions from the settlement fund were reasonable and necessary to cover the costs of the group proceeding. The court approved the settlement and made orders for confidentiality and the distribution of the settlement fund. The court also varied the group costs order to reflect the deductions from the settlement fund.
The court approved the settlement and made orders for confidentiality and the distribution of the settlement fund. The court also varied the group costs order to reflect the deductions from the settlement fund. The court found that the settlement was fair and reasonable, and the distribution scheme was appropriate. The court also found that the deductions from the settlement fund were reasonable and necessary to cover the costs of the group proceeding. The settlement was approved, and the orders were made in accordance with the Supreme Court Act 1986 (Vic) Part 4A, ss 33V, 33ZDA.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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