Federal Court of Australia
Federal Court of Australia
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Limited (Opt Out Obligations) [2022] FCA 1409 File number: NSD 1245 of 2016
Judgment of: PERRAM J
Date of judgment: 21 November 2022
Date of publication of reasons: 24 November 2022
Catchwords: PRACTICE AND PROCEDURE – representative proceedings under Pt IVA of Federal Court of Australia Act 1976 (Cth) ('the Act') – whether the Court has power under s 33ZF of the Act to dispense with requirement to set opt out date and send opt out notice – where trial has occurred and judgment handed down but no opt out date has been set
Legislation: Civil Procedure Act 2005 (NSW) Federal Court of Australia Act 1976 (Cth) ss 33J, 33X, 33ZF
Cases cited: Anthony Hordern and Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 BMW Australia Limited v Brewster [2019] HCA 45; 269 CLR 574 Perera v GetSwift Limited [2018] FCA 732; 263 FCR 1 Perera v GetSwift Limited (No 2) [2018] FCA 909 TW McConnell Pty Ltd as trustee for the McConnell Superannuation Fund v SurfStitch Group Ltd (subject to deed of company arrangement) (No 3) [2018] NSWSC 1749; 133 ACSR 98 Vernon v Village Life Ltd [2009] FCA 516
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 27
Date of hearing: 18 November 2022
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