Melbourne City Investments Pty Ltd (now called ACN 161 046 304 Pty Ltd) v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 4) [2019] FCA 804

FEDERAL COURT OF AUSTRALIA

Melbourne City Investments Pty Ltd (now called ACN 161 046 304 Pty Ltd) v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 4) [2019] FCA 804 File number: NSD 216 of 2015

Judge: FOSTER J

Date of judgment: 30 May 2019

Catchwords: COSTS – whether releases given by a respondent in favour of the applicant and the group members as part of a settlement of one proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) operate to preclude that same respondent from seeking orders for costs in a separate proceeding covering the same subject matter brought against it by one of the group members in the first proceeding under Pt IVA of the same Act – whether, upon the true construction of the Deed of Settlement of the first proceeding, the respondent is precluded from claiming its costs of the second proceeding

Legislation: Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33V, 33Z(1)(g), 33ZB and 33ZF International Arbitration Act 1974 (Cth), s 7(2)(b) Federal Court Rules 2011, r 35.31

Cases cited: Caason Investments Pty Ltd v Cao (No 2) [2018] FCA 527 Farey v National Australia Bank Ltd [2016] FCA 340 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Harrison v Sandhurst Trustees Ltd [2011] FCA 541 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (2016) 243 FCR 474 PMT Partners Pty Ltd (In Liq) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 Travelex Ltd v Commissioner of Taxation of the Commonwealth of Australia (2010) 241 CLR 510 WDR Delaware Corporation v Hydrox Holdings Pty Ltd (2016) 245 FCR 452 Morrison RJA and Goolden HJ (eds), Norton RF: A Treatise on Deeds (2nd Ed, 1928 (Reprinted 1981))