Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perera v GetSwift Limited (No 2) [2018] FCA 909 File number: NSD 226 of 2018 NSD 440 of 2018 NSD 580 of 2018
Judge: LEE J
Date of judgment: 15 June 2018
Catchwords: COSTS – resolution of costs applications following orders made to permanently stay two of three representative proceedings – where orders for costs sought by respondents in respect of the resolution of a multiplicity dispute – where orders are sought by an applicant in one proceeding against a non-party to that proceeding – where orders sought in respect of the successful representative party's application for injunctive relief against an unsuccessful representative applicant REPRESENTATIVE PROCEEDINGS – power to award costs against group members – proper construction of s 43(1A) of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33ZF, 37M(3), 43, 43(1), 43(1A) Federal Court Rules 2011, Div 9.2
Cases cited: Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Webb v GetSwift Limited [2018] FCA 783 Perera v GetSwift Limited [2018] FCA 732 Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39; [2004] 1 WLR 2807
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