Federal Court of Australia
Federal Court of Australia
Kayler-Thomson v Colonial First State Investments Limited [2020] FCA 1867 File number: VID 1313 of 2018
Judgment of: BEACH J
Date of judgment: 23 December 2020
Catchwords: GROUP PROCEEDINGS – practice and procedure – security for costs – assessment of merits of principal claims – whether merits questions neutral – other discretionary factors – nature of group members' claims – compulsory superannuation money from workers – wages held in trust – quantum of security sought – security ordered
Legislation: Corporations Act 2001 (Cth) s 1325 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01 Superannuation Industry (Supervision) Act 1993 (Cth) ss 55, 315
Cases cited: Augusta Ventures Limited v Mt Arthur Coal Pty Limited (2020) 384 ALR 340 Hells Angels Motorcycle Corporation (Australia) Pty Ltd v Redbubble Ltd [2016] FCA 530
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 130
Date of hearing: 16 December 2020
Counsel for the Applicants: Dr K Hanscombe QC with Ms A Folie
Solicitor for the Applicants: Slater & Gordon
Counsel for the Respondents: Mr S Finch SC with Mr D Sulan and Ms M Ellicott
Solicitor for the Respondents: Herbert Smith Freehills
ORDERS VID 1313 of 2018
BETWEEN: KEITH KAYLER-THOMSON First Applicant
PETER CURRIE Second Applicant
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