Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 6) [2023] FCA 188 File number: NSD 215 of 2019
Judge: WIGNEY J
Date of judgment: 27 February 2023
Date of publication of reasons: 8 March 2023
Catchwords: PRACTICE AND PROCEDURE – representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) – application for production of documents under s 23 for data regarding product supplies – data sought to estimate total value of all class members – data sought for purpose of mediation – whether court empowered to order production under s 23 – court so empowered CONSUMER LAW – representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) – application for production of documents under s 23 for data regarding product supplies – data sought to estimate total value of all class members' claims – data otherwise not discoverable and sought for purpose of mediation – data commercially sensitive and confidential – data undifferentiated between products and business divisions and not reasonable basis to estimate claims – risk of asymmetric bargaining positions – importance of good faith participation in mediation – proximity of application to scheduled mediation – data not readily accessible – order not made – liberty to apply for confidentiality orders over more limited data set if voluntarily produced by second respondent
Legislation: Competition and Consumer Act 2010 (Cth) sch 2 s 54 Federal Court of Australia Act 1976 (Cth) s 23 Trade Practices Act 1974 (Cth) s 74D
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