Judge upholds GetSwift’s appeal for one class action

Judge upholds GetSwift’s appeal for one class action

Software company was served with three actions over customer contract agreements this year

Credit: Dreamstime

The Federal Court of Australia has upheld a judgement that allows only one of the three class actions brought against beleaguered Australian technology start-up GetSwift to proceed.

The class actions, served by three separate law firms between February and April this year, concern allegedly  deceptive disclosures by the publicly-listed firm about certain customer contract agreements.

The first two were led by the law firms Squire Patton Boggs, on behalf of Dwayne Perera and other investors, alongside Corrs Chambers Westgarth Lawyers, on behalf of Shaun McTaggart.

One month later, Justice Lee ruled that these - known as the Perera Proceeding and the McTaggart Proceeding - should be dropped, a ruling the two law firms subsequently appealed.

Meanwhile, the third class action, dubbed the Webb Applicant, launched by law firm Phi Finney McDonald on behalf of Raffaele Webb, will be able to continue its litigation for an alleged undisclosed quantum of loss.

The judgement added that it was unlikely the three cases would be consolidated due to an absence of agreement between the different applicants, funders and solicitors.

In a notice filled with the Australian Securities Exchange, GetSwift said it will be seeking its costs incurred in respect of this carriage motion.

“As previously advised, the company strongly disputes the allegations made, including any alleged loss, and is vigorously defending the proceedings,” the statement added.

Founded in 2015, GetSwift provides an internally-developed “last mile” software-as-a-service (SaaS) logistics solutions.

In May, the Federal Court of Australia had agreed to let one of the three class actions being levelled against GetSwift proceed.  

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