Federal Court of Australia
Federal Court of Australia
Babscay Ptd Ltd v Pitcher Partners [2020] FCA 1610 File number: VID 1188 of 2017
Judgment of: ANASTASSIOU J
Date of judgment: 5 November 2020
Catchwords: PRACTICE AND PROCEDURE – application for approval to discontinue representative proceeding commenced under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – whether not unfair and not unreasonable for proceeding to be discontinued – practical effect of discontinuance to return group members to the position they were in before commencement of the proceeding – whether notice required to be given to group members of the approval of the discontinuance – discontinuance approved
Legislation: Corporations Act 2001 (Cth), s 411 Federal Court of Australia Act 1976 (Cth), ss 33V, 33X, 33Y Federal Court Rules 2011 (Cth), r 26.12
Cases cited: Caason Investments Pty Ltd v Cao (No 3) [2020] FCA 91 Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234 Laine v Thiess Pty Ltd; Beetson v SunWater Limited [2016] VSC 689 Lopez v Star World Enterprises [1999] FCA 104 Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 450 NSWLR 543 Mercedes Holdings Pty Limited v Waters (No 1) [2010] FCA 124; 77 ACSR 265 Thirteenth Corp Pty Ltd v State [2006] FCA 979; 232 ALR 491 Wotton v State of Queensland [2009] FCA 758; 109 ALD 534
Division: General Division
Registry: Victoria
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