The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 3) [2020] FCA 748

FEDERAL COURT OF AUSTRALIA

The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 3) [2020] FCA 748 File number: NSD 215 of 2019

Judge: WIGNEY J

Date of judgment: 1 June 2020

Catchwords: CONSUMER LAW – representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) – where applicant alleges products were not fit for purpose or not of merchantable or acceptable quality – where applicant claims loss or damage suffered arising out of defective building work – claims for statutory compensation and damages under the Trade Practices Act 1974 (Cth), the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law PRACTICE AND PROCEDURE – representative proceedings under Part IVA of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – where order sought requires group members to register and provide certain information – whether Court has power to make such an order under s 33ZF of the FCA Act – whether order is appropriate to ensure that justice is done in the proceeding PRACTICE AND PROCEDURE – representative proceedings under Part IVA of the FCA Act – where order sought was that only group members who registered and provided certain information would be eligible to receive any distribution from a settlement or judgment in the proceeding – whether Court has power to make such an order under s 33ZF of the FCA Act – whether order is appropriate to ensure that justice is done in the proceeding – the significance of prejudice concerning limitation periods on third party contribution claims PRACTICE AND PROCEDURE – claim for contribution – where State and Territory statutes provided a right of action between tortfeasors or wrongdoers – whether group members suffered damage as a result of a tort and whether the respondents are tortfeasors under the relevant legislation PRACTICE AND PROCEDURE – limitation provisions – whether claims for contribution affected by limitation periods in various State and Territory legislation – whether claim for contribution is an action for loss or damage – whether "long stop" limitation provisions relating to defective building work applied to potential claims for contribution