Federal Court of Australia
Federal Court of Australia
Edwards v Hyundai Motor Company Australia Pty Ltd; Sims v Kia Australia Pty Ltd [2023] FCA 1134 File numbers: NSD 464 of 2023 NSD 466 of 2023
Judgment of: BROMWICH J
Date of judgment: 15 September 2023
Date of publication of reasons: 21 September 2023
Catchwords: PRACTICE AND PROCEDURE – application to transfer two class action proceedings to the Supreme Court of Victoria – application not opposed by respondents in each proceeding – whether transfer is in the interests of justice – whether costs should be made against the applicants – application granted with costs
Legislation: Federal Court of Australia Act 1976 (Cth) part IVA, s 37M Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 5(4), 5(4)(b)(i) Supreme Court Act 1986 (Vic) Pt 4A Federal Court Rules 2011 (Cth) Div 9.3, r 40.13 Australian Consumer Law ss 18, 29, 33, 54, 59
Cases cited: Amalia Investments Ltd v Virgtel Global Networks NV (No 2) [2011] FCA 1270; 198 FCR 248 BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515 Commissioner of Taxation v Residence Riverside Proprietary Limited as Trustee for the D&J Discretionary Trust and as Trustee for the D&J Investment Trust [2013] FCA 720 Diakovasili v The Order of AHEPA NSW Incorporated [2022] FCA 1465 Gleeson v Bank of Queensland [2017] FCA 1302 Jowene Pty Limited atf Biro Citer Souvenirs Pty Limited Pension Fund v Downer EDI Limited [2023] FCA 924 Prasad v Google LLC [2020] FCA 67 Shields v Williams [2019] FCA 413 Valceski v Valceski [2007] NSWSC 440; 70 NSWLR 36
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