Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lloyd v Belconnen Lakeview Pty Ltd (No 2) [2020] FCA 698 File number: NSD 1417 of 2017
Judge: LEE J
Date of judgment: 14 May 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – orders under 33ZB of the Federal Court of Australia Act 1976 (Cth) – whether there is a continuing "jurisdiction" requirement in s 33C – notion of s 33C as a "gateway" provision – application dismissed REPRESENTATIVE PROCEEDINGS – Simultaneous ss 33C and 33N applications as logically inconsistent – deferring consideration of a s 33N application where there is the likelihood of an appeal against s 33ZB orders COSTS – discretionary power to award costs – power qualified by ss 37M and 37N – adopting a broad-brush approach – discretion not to be exercised "whimsically" or "idiosyncratically"
Legislation: Competition and Consumer Act 2010 (Cth) Pt XI Constitution s 76(ii) Federal Court of Australia Act 1976 (Cth) ss 33C, 33H, 33L, 33M, 33N, 33ZB, 37M, 37N, 43 Judiciary Act 1903 (Cth) s 39B(1A)(c) Trade Practices Act 1974 (Cth)
Cases cited: Dovuro Pty Limited v Wilkins [2003] HCA 51; (2003) 215 CLR 317 Ethicon Sarl v Gill [2018] FCAFC 137; (2018) 264 FCR 394 Graham Barclay Oysters Pty Limited v Ryan [2002] HCA 54; (2002) 211 CLR 540 Lloyd v Belconnen Lakeview Pty Ltd [2019] FCA 2177
Date of hearing: 14 May 2020
Registry: New South Wales
Division: General Division
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