Federal Court of Australia
Federal Court of Australia
Greentree v Jaguar Land Rover Australia Pty Ltd (Carriage Application) [2023] FCA 1209 File numbers: NSD 1010 of 2022 NSD 85 of 2023
Judgment of: LEE J
Date of judgment: 12 October 2023
Catchwords: REPRESENTATIVE PROCEEDINGS – multiplicity of proceedings – where two substantially duplicative open class actions commenced – two funded class actions – common fund orders sought – questions of carriage deferred pending delivery of judgment in Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162 – Court should strive to resolve carriage issues with a minimum of cost and a maximum of expedition – contrary to the administration of justice for substantially duplicative, open class proceedings to continue without sound justification – application of multi-factorial approach – consideration of discrete factors – number of factors neutral – experience of solicitors in conducting analogous claims most compelling factor absent issues of cost – one funded class action permanently stayed subject to applicants giving undertaking to match costs regime of the other funded class action
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 2(1), 54, 236, 271, 272, 272(1)(a), 272(1)(b) Federal Court of Australia Act 1976 (Cth) Pt IVA, Pt VB, ss 33E(2), 33N, 33V, 33V(2), 33X, 33Y, 33Z, 33Z(1)(e), 33Z(1)(f), 33ZA, 33ZG(c)(iv), 33ZJ(3) Federal Court Rules 2011 (Cth) Sch 3, rr 9.12(1), 30.11 Legal Profession Law Application Act 2014 (Vic), s 183(1)
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