Laura Keily

The director of collapsed investment firm Linchpin Capital has lost his challenge to a $150,000 penalty, with an appeals court dismissing his arguments as “carping criticism”.

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

Group members in a class action against Fonterra are set to reap about $13 million from a $25 million settlement reached with the dairy company, following deductions including the costs of the litigation funder’s after-the-event insurance.

Fonterra has agreed to shell out $25 million to settle a class action by dairy farmers alleging they were underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

Former Linchpin Capital director Peter Eugene Daly has come up short in his second bid to stay his appeal of a ruling that banned him from providing financial services for five years in light of separate proceedings brought by ASIC.

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

Fonterra has hit back at claims in a class action that the dairy giant misled farmers and breached its supply agreements when it slashed milk prices and sought a clawback in 2016, saying it warned farmers of the “extreme” volatility in the market.

A former director of defunct financial services company Linchpin Capital, who is facing a class action as well as civil penalty proceedings by ASIC, can’t put the brakes on his challenge to a five-year disqualification order by the regulator.

Fonterra could bring counter-claims against dairy farmers that brought a class action alleging they were unpaid when the company slashed milk prices in 2016, a court has heard, after debt recovery proceedings by Fonterra against the lead applicants were joined with the class action.