“There are many circumstances in which unlawful conduct may result in the ‘unjust enrichment’ of wrongdoers at the expense of a multitude of consumers, customers, investors and other members of the community. This may encompass, inter alia, impermissible fees or charges by financial institutions or other service providers; increased prices as a result of price fixing; misleading and deceptive representations in relation to consumer goods; defective or unsafe products; inflated share prices as a result of noncompliance with continuous disclosure obligations; or fraudulent conduct. Very often, those affected will not seek or obtain a remedy notwithstanding the availability or pursuit of class action proceedings …” (more)
Cashman, Peter and Simpson, Amelia, ‘Research Paper 6 – Class Action Remedies: Cy-pres; “An Imperfect Solution to an Impossible Problem”‘ [2020] University of New South Wales Law Research Series 67.
First posted 2020-12-02 19:37:48
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