Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 2) [2017] FCA 449

FEDERAL COURT OF AUSTRALIA

Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 2) [2017] FCA 449 File number: NSD 216 of 2015

Judge: FOSTER J

Date of judgment: 1 May 2017

Catchwords: PRACTICE AND PROCEDURE – whether the Court should grant leave to the plaintiff in an investor class action to reopen its case and then whether the Court should reopen its order previously made that the whole of the proceeding should be permanently stayed as an abuse of the process of the Court

Legislation: Federal Court of Australia Act 1976 (Cth), s 37N(1) Federal Court Rules 2011, r 39.05

Cases cited: Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (2016) 243 FCR 474 Aktas v Westpac Banking Corporation Ltd [No 2] (2010) 241 CLR 570 Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 De L v Director-General, New South Wales Department of Community Services [No 2] (1997) 190 CLR 207 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Metwally v University of Wollongong (1985) 60 ALR 68 Re Luck (2003) 203 ALR 1 Tampion v Anderson (1973) 3 ALR 414 Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd [2006] VSC 170