Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boulos v M.R.V.L. Investments Pty Ltd (No 3) [2022] FCA 307 File number(s): NSD 2168 of 2019
Judgment of: THAWLEY J
Date of judgment: 29 March 2022
Catchwords: PRACTICE AND PROCEDURE – Representative proceedings – where orders sought to appoint expert to extract data from electronic systems of the respondent – whether appointment of expert is an appropriate method to quantify potential claims of group members at a preliminary stage of the proceeding – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37P, 33ZF Privacy Act 1988 (Cth)
Cases cited: P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 2) [2010] FCA 176
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 20
Date of hearing: 29 March 2022
Counsel for the Applicant: Ms K Hanscombe QC with Mr M Guo
Solicitor for the Applicant: Adero Law
Counsel for the Respondent: Mr Y Shariff SC with Ms D Tang
Solicitor for the Respondent: Johnson Winter & Slattery
ORDERS NSD 2168 of 2019
BETWEEN: RAYMOND BOULOS Applicant
AND: M.R.V.L INVESTMENTS PTY LTD Respondent
order made by: THAWLEY J DATE OF ORDER: 29 MARCH 2022
THE COURT ORDERS THAT:
1. The applicant is granted leave to amend the interlocutory application filed on 9 February 2022 in the manner indicated in [4] of the affidavit of Mr Markham sworn 23 March 2022. 2. The interlocutory application filed on 9 February 2022, as amended, be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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