Question
Former dairy processor Murray Goulburn has settled a class action brought against it by more than 1300 investors for $42 million, including legal fees and
Former dairy processor Murray Goulburn has settled a class action brought against it by more than 1300 investors for $42 million, including legal fees and interest. But a second class action against the fallen milk giant remains under way and is listed for a trial commencing in February next year. The settled class action was led by Murray Goulburn investor Endeavour River, and included institutional and retail investors who bought units in Murray Goulburn between May 29, 2015 - which was shortly before MG units were first listed on the ASX - and April 26, 2016. The period preceded a dramatic announcement from Murray Goulburn in late April 2016, when it slashed its profit forecasts, its managing director resigned and it announced plans to cut the amount it paid farmers for their milk. A tumultuous two years followed for the dairy processor during which its unit price fell, farmers deserted it and its operations were eventually sold to Canadian-based global dairy processor Saputo for $1.3 billion. In a statement to the ASX yesterday, Murray Goulburn said "the agreement to settle the Endeavour River class action was a commercial decision made in the best interests of MG shareholders and unitholders in the MG Unit Trust". Murray Goulburn said the settlement was without admission of liability, and was subject to Federal Court approval. "A second class action (the Webster class action) remains on foot. No resolution was achieved in the mediation of that proceeding which was held on May 30, 2019," it said. Emma Pelka-Caven from the law firm Slater &Gordon said an "exceptional result" had been achieved for the more than 1300 investors in the class action. "The conditional settlement is an outstanding outcome for group members and, if approved, will be a significant recovery of our clients' losses," she said. Endeavour River director Rod Gibson welcomed the settlement. "For the plaintiffs to recoup such a significant proportion of their losses is an excellent result," Mr Gibson said. The proceeding was funded by litigation funder IMF Bentham.
- Read the article above and identify the facts and legal issue regarding the article.
- Explain the relevant law which can be applied to the issue.
- Discuss both side with your supporting evidence (for/against)
- Explain your conclusion. (Overall, which party can win the case?)
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