Federal Court of Australia
Federal Court of Australia
Karpik v Carnival plc (The Ruby Princess) (Common Questions and Costs) [2024] FCA 57 File number: NSD 806 of 2020
Judgment of: STEWART J
Date of judgment: 7 February 2024
Catchwords: REPRESENTATIVE PROCEEDINGS – formulation of common questions – whether answers to questions depend on particular circumstances of individual group members – whether what passengers impliedly made known to the service provider was their purpose and desired result depends on individual circumstances of the passengers – whether representations by conduct of the service provider depend on individual circumstances of the passengers COSTS – Calderbank offer made in representative proceeding – whether Court capable of being satisfied after initial trial of principal applicant's claim that the total combined value of the group members' claims will be more, or less, than the amount of the offer and as to the reasonableness of the applicant's rejection of the offer – costs reserved
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 61, 236(1), 167(1)(b), 267(4) Federal Court of Australia Act 1976 (Cth) ss 33V(1), 33ZB(b) Federal Court Rules 2011 (Cth) Pt 25
Cases cited: ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; 317 ALR 73 Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224; 190 ALR 121 Belconnen Lakeview Pty Ltd v Lloyd [2021] FCAFC 187; 156 ACSR 273 Bradshaw v Emirates (Costs) [2021] FCA 1613 Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 De Groot v Nominal Defendant [2005] NSWCA 61 Gill v Ethicon Sàrl (No 6) [2020] FCA 279 Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280 Lloyd v Belconnen Lakeview Pty Ltd [2019] FCA 2177; 377 ALR 234 McMullin v ICI Australia Operations Pty Ltd (No 6) [1997] FCA 1426 Seven Network Ltd v News Ltd [2007] FCA 1489; 244 ALR 374 Stack v AMP Financial Planning Pty Ltd (No 2) [2021] FCA 1479; 401 ALR 113 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; 259 CLR 212 Dal Pont GE, Law of Costs (5th ed, LexisNexis, 2021)
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