Rose v Essential Energy [2020] FCA 124

FEDERAL COURT OF AUSTRALIA

Rose v Essential Energy [2020] FCA 124 File number: NSD 1958 of 2018

Judge: MARKOVIC J

Date of judgment: 14 February 2020

Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – prospective representative proceeding based on a claim in negligence, nuisance and/or breach of s 60 of the Australian Consumer Law – whether reasonable belief in right to obtain relief in the form of damages for loss and damage suffered as a result of bushfire – where prospective respondent is a statutory state owned corporation that provided electricity to the prospective applicants – whether information sufficient to decide whether to start a proceeding – where applications were made seeking access to information under the Government Information (Public Access) Act 2009 (Cth) – where there may be a possible coronial inquiry – application granted

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, s 60 Trade Practices Act 1974 (Cth) s 47 Federal Court Rules 2011 (Cth) r 7.23

Cases cited: Australian Competition and Consumer Commission v Flight Centre Ltd (No 2) (2013) 307 ALR 209; [2013] FCA 1313 Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1985) 7 FCR 509 Commonwealth v Sterling Nicholas Duty Free Pty Limited (1972) 126 CLR 297 McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited [2018] FCA 692 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2008) 169 FCR 435 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 257 FCR 62