Federal Court of Australia
Federal Court of Australia
J Wisbey & Associates Pty Ltd v UBS AG [2021] FCA 36 File number: VID 567 of 2019
Judgment of: BEACH J
Date of judgment: 29 January 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – foreign currency instruments – alleged cartel conduct – corporations – practice and procedure – application to replead – group definition – numerous permutations and combinations of claims – pleading of alleged cartel understandings – availability of inferences to be drawn – application to replead refused
Legislation: Competition and Consumer Act 2010 (Cth) ss 4E, 5, 44ZZRC, 44ZZRD, 44ZZRJ, 44ZZRK Federal Court of Australia Act 1976 (Cth) ss 33H, 33J, 33ZB, Pt IVA Trade Practices Act 1974 (Cth) ss 4E, 5, 45, 45A, 44ZZRC, 44ZZRD, 44ZZRJ, 44ZZRK
Cases cited: Australian Competition and Consumer Commission v Olex Australia Pty Ltd [2017] FCA 222 Bray v F Hoffman-La Roche Ltd [2002] FCA 1405 Forrest v Australian Securities and Investments Commission (2012) 247 CLR 486 Hassid v Queensland Bulk Water Supply Authority t/as Seqwater [2017] NSWSC 599 IL v The Queen (2017) 262 CLR 268 Perera v GetSwift Ltd (2018) 263 FCR 92 Webster (Trustee) v Murray Goulburn Co-Operative Co. Ltd (No 2) [2017] FCA 1260 Wigmans v AMP Ltd (2019) 373 ALR 323
Division: General Division
Registry: Victoria
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