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The Court determined that the group members had not acted unreasonably when they did not decide out of the class action or increase claims outside the common issues decided within the class action. Accordingly, while it’s open to a defendant to hunt a broad release when settling a category motion, the wider conduct of the proceeding may be relevant to the Court’s decision about whether or not to approve the settlement. One goal of a class action regime is to avoid a multiplicity of proceedings and thereby allow events to resolve numerous claims in a well timed and price efficient method.
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Withers acted for IMS in respect of its roughly USD$170 million mortgage from a serious offshore bank, which was taken in reference to the acquisition of the entire marine logistics business from Chuan Hup Holdings Limited for SGD$570 million in Singapore.
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