Federal Court of Australia
Federal Court of Australia
Furniss v Blue Sky Alternative Investments Limited (Administrators Appointed) (Receivers and Managers Appointed) (in liq) [2022] FCA 1546 File number: NSD 1062 of 2022
Judgment of: MIDDLETON J
Date of judgment: 19 December 2022
Date of publication of reasons: 20 December 2022
Catchwords: REPRESENTATIVE PROCEEDINGS – carriage dispute concerning two competing, open class securities class actions – where primary judge proposed consolidation of proceedings subject to cooperative regime – whether "discretionary decision" or "evaluative judgment" – whether case management issues involved PRACTICE AND PROCEDURE – application for leave to appeal – principles applicable where primary decision concerning practice and procedure – whether "discretionary decision" or "evaluative judgment" – whether case management issues involved – decision not attended with sufficient doubt and no substantial injustice established – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 261 FCR 301 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 House v The King (1936) 55 CLR 499 Klemweb Nominees v BHP (2019) 369 ALR 583 Money Max v QBE (2016) 245 FCR 191 Perera v Getswift Ltd (2018) 263 FCR 92 Roberts-Smith v Roberts [2022] FCA 524 Wigmans v AMP Limited (2021) 270 CLR 623
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