Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd [2017] FCA 14

FEDERAL COURT OF AUSTRALIA

Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd [2017] FCA 14 File number(s): NSD 1245 of 2016

Judge(s): GRIFFITHS J

Date of judgment: 24 January 2017

Catchwords: PRACTICE AND PROCEDURE – separate question for determination under r 30.01 of the Federal Court Rules 2011 – whether the commencement of a proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) on behalf of group members constitutes the institution of an action for the purposes of s 44 of the Limitation Act 1981 (NT) (the Limitation Act). STATUTORY INTERPRETATION – the operation of provisions within the Limitation Act in respect to proceedings under Pt IVA of the FCA Act – whether group members in a representative proceedings are "plaintiffs" within the Limitation Act in respect of whom an action has been instituted.

Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Ashmore and Cartier Islands Acceptance Act 1933 (Cth), s 6 Australian Consumer Law, s 238(1) Competition and Consumer Act 2010 (Cth), s 87(1) Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33A, 33AB, 33C, 33D, 33E, 33H, 33J, 33P, 33R, 33S, 33Z, 33ZB, 33ZE, 33ZF, 33ZH Federal Court Rules 2011 (Cth), r 30.01 Interpretation Act (NT), s 62A Judiciary Act 1903 (Cth), s 78B Limitation Act 1981 (NT), ss 4, 12, 12(1)(b), 44, 44(1), 44(3), 44(3)(b), 44(3)(b)(i) Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth), ss 8, 80 Rules under the Northern Territory Supreme Court Act 1961-1966 (NT), o 19 r 10 Supreme Court Act 1986 (Vic)