Cody Gemtec Retail Pty Ltd v Underwriting Members of Syndicate 2003 at Lloyd's (Declassing Applications) [2024] FCA 1098

FEDERAL COURT OF AUSTRALIA

Cody Gemtec Retail Pty Ltd v Underwriting Members of Syndicate 2003 at Lloyd's (Declassing Applications) [2024] FCA 1098 File numbers: NSD 637 of 2021 NSD 638 of 2021 NSD 893 of 2021 NSD 1048 of 2021

Judgment of: LEE J

Date of judgment: 20 September 2024

Catchwords: REPRESENTATIVE PROCEEDINGS – declassing applications – business interruption insurance class actions –COVID-19 pandemic and related government measures –where class actions commenced by insureds who claim they are entitled to be indemnified for loss for business interruption or inference – where insurer respondents seek to declass the proceedings – s 33N of the Federal Court of Australia Act 1976 (Cth) – where various internal dispute mechanisms available to group members – where insurer respondents contend there is no utility in proceedings continuing as representative proceedings – where no substantial common issues of law and fact remain following determination of test cases – where each representative proceeding will not provide an efficient and effective means of dealing with claims of group members – whether orders are in the interests of justice – where appropriate in all the circumstances to make orders to declass each proceeding – orders made for notices to be provided to group members and proposed s 33ZB orders

Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A) Biosecurity Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth) Pts IVA, VB; ss 33C, 33H, 33J, 33K, 33N, 33N(1), 33N(1)(c), 33X, 33X(5), 33X(6), 33Y, 33ZB Insurance Contracts Act 1984 (Cth) ss 48(1), 54(1), 57 Quarantine Act 1908 (Cth)