Federal Court of Australia
Federal Court of Australia
Excel Texel Pty Ltd v Wilson [2022] FCA 1577 File numbers: NSD 1983 of 2017 NSD 862 of 2018
Judgment of: LEE J
Date of judgment: 23 December 2022
Date of publication of reasons: 10 January 2023
Catchwords: PRACTICE AND PROCEDURE – contested application for the vacation of lengthy securities class actions hearing – whether hearing should be vacated pending delivery of reserved judgment in regulatory proceedings – where proceedings involve overlapping factual substratum – whether the interests of justice require the hearing to be vacated – relevance of risk of multiplicity of proceedings and inconsistent findings
Legislation: Corporations Act 2001 (Cth) ss 180, 674, 1041E, 1317F, 1317G(1)(b)(i) Evidence Act 1995 (Cth) s 91 Federal Court of Australia Act 1976 (Cth) Pt IVA, VB; s 37M
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Argo Managing Agency Ltd for and on behalf of the underwriting members of Lloyd's Syndicate 1200 v Quintis Ltd (subject to deed of company arrangement) [2022] FCAFC 86 Davis v Quintis Ltd (Subject to Deed of Company Arrangement) [2022] FCA 806 Frigger v Trenfield (No 7) [2020] FCA 1740 GetSwift Limited v Webb [2021] FCAFC 26; (2021) 283 FCR 328 National Australia Bank Limited v Human Group Pty Ltd [2019] NSWSC 1404 Marriner v Australian Super Developments Pty Ltd [2016] VSCA 141 Perera v GetSwift Limited [2018] FCA 732; (2018) 263 FCR 1 Webb v GetSwift Limited (No 5) [2019] FCA 1533 Webb v GetSwift Limited (No 6) [2020] FCA 1292
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