Federal Court of Australia
Federal Court of Australia
Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761 File numbers: NSD 1417 of 2017 NSD 1192 of 2021
Judgment of: LEE J
Date of judgment: 9 June 2022
Date of publication of reasons: 1 July 2022
Catchwords: PRACTICE AND PROCEDURE – representative proceedings – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval to discontinue representative proceeding – principles relevant to approval of discontinuance – principles relevant to the limitation period for a group member's claim beginning to run again under s 33ZE – order under s 33V(1) and 33ZF that the limitation period starts to run again – discontinuance approved
Legislation: Federal Court of Australia Act 1976 (Cth) s 33V
Cases cited: Belconnen Lakeview Pty Ltd v Lloyd [2021] FCAFC 187 Laine v Thiess Pty Ltd [2016] VSC 689 Lloyd v Belconnen Lakeview Pty Ltd [2019] FCA 2177 Mercedes Holdings Pty Ltd v Waters (No 1) [2010] FCA 124; 77 ACSR 265 Turner v TESA Mining (NSW) Pty Ltd (No 2) [2022] FCA 435
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of hearing: 9 June 2022
In NSD 1417 of 2017:
Counsel for the Applicant: Mr C Colquhoun
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondents: Mr A McInerney SC
Solicitor for the Respondents: HWL Ebsworth Lawyers
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