Federal Court of Australia
Federal Court of Australia
Parkin v Boral Limited (Temporary Stay) [2021] FCA 889 File numbers: NSD 602 of 2020 NSD 935 of 2020
Judgment of: LEE J
Date of judgment: 21 July 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – where three substantially duplicative open class actions commenced – two funded class actions and one no win/no fee model – one funded class action permanently stayed – other funded class action allowed to proceed as closed class – where notice issued to overlapping group members apprising them of their options – application to stay temporarily the remaining closed class proceeding – where respondent agnostic to whether remaining closed class proceeding is stayed – balance of considerations weigh against a temporary stay
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33ZB, 33ZF
Cases cited: Bellamy's Australia Ltd v Basil [2019] FCAFC 147; (2019) 372 ALR 638 BMW Australia Ltd v Brewster [2019] HCA 45; (2019) 374 ALR 627 CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350; (2021) 389 ALR 699 Kirby v Centro Properties Ltd [2008] FCA 1505; (2008) 253 ALR 65 Parkin v Boral Limited (Opt Out Notices) [2021] FCA 478 Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251 Stallard & Napier v Treasury Wine Estates [2020] VSC 679 Virgin Atlantic Airways Limited v Zodiac Seats UK Limited (formerly known as Contour Aerospace Limited) [2014] AC 160
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