Hamilton v Meta Platforms, Inc (Leave to appeal stay and costs orders) [2024] FCA 1078

Hamilton v Meta Platforms, Inc (Leave to appeal stay and costs orders) [2024] FCA 1078 File number(s): NSD 1158 of 2023

Judgment of: O'SULLIVAN J

Date of judgment: 18 September 2024

Catchwords: PRACTICE AND PROCEDURE — application for leave to appeal from interlocutory decisions — where primary judge ordered that the proceedings be permanently stayed under s 23 of the Federal Court of Australia Act 1976 (Cth) and r 1.23 of the Federal Court Rules 2011 (Cth) — where the applicant sought an order under s 82(4) of the Competition and Consumer Act (Cth) (CCA) — where primary judge dismissed the applicant's application for a No Adverse Costs Order — whether decision of primary judge is attended with sufficient doubt to warrant being reconsidered on appeal — whether the applicant would suffer substantial injustice if leave was refused — application for leave to appeal refused COSTS — interlocutory application — where the applicant sought an order under s 82(4) of the CCA — application dismissed

Legislation: Competition and Consumer Act 2010 (Cth), ss 45(1)(b) and (c), 45AC, 45AD, 45AK, 80, 82, 82(1), (3)-(5), 87(1), 163A Federal Court of Australia Act 1976 (Cth), Part IVA, ss 21, 22, 24(1A), 33ZE, 43(2)

Australian Competition and Consumer Commission v Yellow Page Marketing BV [2010] FCA 1218 Bolitho v Banksia Securities Ltd (No 18) (remitter) [2021] VSC 666; 69 VR 28 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397, 399 Dyczynski v Gibson (2020) 280 FCR 583; [2020] FCAFC 120 GLJ v The Trustees of the Roman Catholic Church of Dioceses of Lismore [2023] HCA 32; 97 ALRJ 857 Hamilton v Meta Platforms, Inc (Service out of Jurisdiction) [2022] FCA 681 Hamilton v Meta Platforms, Inc. [2023] FCA 1148 (Stay Decision) Cases cited: Hamilton v Meta Platforms, Inc. [2023] FCA 1496 (Costs Decision) House v The King (1936) HCA 40, (1936) 55 CLR 449 Jennings v Jaguar Land Rover Australia Pty Ltd [2024] FCAFC 62 NPP Australia Ltd v Ripple Labs, Inc [2020] FCA 1237 Parkin v Boral (Class Closure) (2022) 291 FCR 116; [2022] FCAFC 47 R & B Investments Pty Ltd (Trustee) v Blue Sky (Reserved Question) [2024] FCAFC 89 Sekigawa v Minister for Immigration & Border Protection [2016] FCA 127 Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531, 553