P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 3) [2010] FCA 246

FEDERAL COURT OF AUSTRALIA

P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 3) [2010] FCA 246 Citation: P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 3) [2010] FCA 246

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: 18 March 2010

Date of written submissions: Applicants: 10, 12 & 16 March 2010 Respondents: 10, 12, 15 & 16 March 2010

Place: Melbourne

Division: GENERAL

Category: No Catchwords

Number of paragraphs: 4

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

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 18 MARCH 2010

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Applicants have leave to file an Amended Application and Amended Case Summary in the form exhibited to the affidavit of David Niven dated 21 January 2010 on or before 8 March 2010. 2. The Respondents file and serve an affidavit on or before 11 March 2010 setting out the basis of any claim for privilege in respect of the documents discovered by the Respondents. 3. The Applicants file and serve any notice of motion seeking orders for inspection of documents subject to a claim for privilege on or before 17 March 2010. 4. On or before 17 March 2010, the persons identified in Tab 1 of Confidential Exhibit MLS-1 to the affidavit of Moira Saville sworn 20 January 2010 (except for any person who has indicated they wish to opt out of these proceedings) ("Institutional Investors") each make discovery by providing a copy of any litigation funding agreement (or similar document) it entered into, in its own capacity or otherwise, with either International Litigation Funding Partners, Inc. (now known as 2117980 Ontario Inco.) or International Litigation Funding Partners Pte Limited, in relation to this proceeding. 5. The solicitors for the Applicants serve copies of this order on each of the Institutional Investors. 6. The Respondents file a Case Summary in Reply on or before 5 April 2010. 7. The Respondents make discovery, on or before 6 April 2010, of any documents (other than those already discovered by any party in this proceeding) which the Respondents are aware have significant probative value in relation to the issues raised in the parties' respective case summaries, other than documents relevant to Part A, Section 6; Part B, paragraph 88; and Part C of the Respondents' Case Summary. 8. A Pre-Trial Case Management Conference be held before the Honourable Justice Finkelstein on 13 April 2010 at 11.00 am, regarding: (a) the common issues of fact and/or law to be determined at the initial trial of this proceeding; (b) other issues of fact and/or law to be determined at the initial trial of this proceeding; (c) any application under section 33J of the Act amending group definition; (d) the time and date before which a group member may opt out of this proceeding pursuant to section 33J of the Act; (e) the form and content of the Opt Out Notice; (f) provision of the Opt Out Notice to Group Members; and (g) any other matters necessary or incidental to the initial trial of this proceeding. 9. By 14 June 2010, the Applicants file and serve: (a) affidavits from all lay witnesses who are proposed to be called as witnesses at the initial trial or, in the case of such witnesses who decline to swear affidavits, file and serve written outlines of the evidence which the solicitors for the applicants expect such witnesses will give; (b) affidavits containing all evidence in the nature of expert evidence upon which they intend to rely at the initial trial; and (c) a list of all documents which at that time the applicants propose to tender at the initial trial (including copies of any documents which have not been discovered). 10. By 13 August 2010, the Respondents file and serve: (a) affidavits from all lay witnesses who are proposed to be called as witnesses at the initial trial or, in the case of such witnesses who decline to swear affidavits, file and serve written outlines of the evidence which the solicitors for the respondent expect such witnesses will give; (b) affidavits containing all evidence in the nature of expert evidence upon which they intend to rely at the initial trial; and (c) a list of all documents which at that time the respondents propose to tender at the initial trial (including copies of any documents which have not been discovered). 11. By 17 September 2010, the Applicants file and serve: (a) any affidavits in reply (including those affidavits in reply containing expert evidence) or, in the case of such witnesses who decline to swear affidavits, written outlines of the evidence which the solicitors for the applicants expect such witnesses will give in reply; and (b) a list of any additional documents which they propose to tender (including any copies of additional documents which have not been discovered); 13. By 27 September 2010, the Applicants file and serve a bundle of all documents proposed to be tendered by the parties at the initial trial (proposed tender bundle), organised in chronological order as far as is practicable and paginated and indexed. 14. The matter be set down for trial on 4 October 2010 for a period to be determined at the Pre-Trial Case Management Conference. 15. The parties have liberty to apply on two days' notice. 16. Costs be reserved.