Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 2) [2010] FCA 176 Citation: P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 2) [2010] FCA 176
Parties: P DAWSON NOMINEES PTY LTD and FREDERICK HENRY HART v BROOKFIELD MULTIPLEX LIMITED and BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED
File number: VID 1380 of 2006
Judge: FINKELSTEIN J
Date of judgment: 4 March 2010
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – where discovery sought to enable defendant to ascertain quantum of potential group member claims and to aid settlement discussions – whether a court has power to order discovery by group members who are not a named plaintiff in the proceeding – circumstances in which it is appropriate to order discovery by group members who are not a named plaintiff in the proceeding
Legislation: Federal Court Act 1976 (Cth), ss 33ZF, 33H, Part IVA Federal Court Rules O 15A r 8
Date of hearing: 11 February 2010
Place: Melbourne (heard in Sydney)
Division: GENERAL
Category: Catchwords
Number of paragraphs: 41
Appearing for the Applicants: Mr A Watson
Solicitor for the Applicants: Maurice Blackburn
Counsel for the Respondents: Mr T F Bathurst QC with Mr S F Nixon
Counsel for the Respondents: Mallesons Stephen Jaques
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 1380 of 2006
BETWEEN: P DAWSON NOMINEES PTY LTD and
FREDERICK HENRY HART
Applicants
AND: BROOKFIELD MULTIPLEX LIMITED and
BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED
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