Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oliver v Commonwealth Bank of Australia (No 2) [2012] FCA 755 Citation: Oliver v Commonwealth Bank of Australia (No 2) [2012] FCA 755
Parties: ANTHONY JOHN OLIVER v COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124) MARK ALLAN IRVING v COMMONWEALTH BANK OF AUSTRALIA (ABN 48 123 123 124)
File numbers: NSD 1044 of 2010 NSD 1826 of 2010
Judge: PERRAM J
Date of judgment: 17 July 2012
Catchwords: PRACTICE AND PROCEDURE – Abuse of process – vexatious or oppressive proceedings – representative proceedings and proceedings brought by class members on foot simultaneously – where class members failed to opt out of representative proceedings and had not abandoned separate proceedings – whether separate proceedings should be dismissed – whether, alternatively, separate proceedings should be stayed and transferred to the docket to the judge hearing the representative proceedings – whether costs should be awarded PRACTICE AND PROCEDURE – Representative proceedings – whether s 33S of the Federal Court Act 1976 (Cth) authorises the Court to direct that proceedings already on foot be used for the determination of an issue that concerns only the claim of one particular class member – whether, alternatively, s 33ZF may be used to the same end
Legislation: Federal Court Act 1976 (Cth) ss 33C, 33J, 33Q, 33R, 33S, 33ZF Acts Interpretation Act 1901 (Cth) s 13
Cases cited: Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 distinguished Bright v Femcare Ltd (2000) 175 ALR 50; [2000] FCA 742 cited Courtney v Medtel Pty Ltd (2002) 122 FCR 168 cited Henry v Henry (1996) 185 CLR 571 cited Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 56 cited King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2002] FCA 1560 cited Moore v Inglis (1976) 9 ALR 509 cited Re Peat Resources of Australia Pty Ltd; ex parte Pollock (2004) 181 FLR 454; [2004] WASCA 122 cited The Christiansborg (1885) 10 PD 141 cited
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