Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 5) [2024] FCA 1293 File number: NSD 346 of 2022
Judgment of: LEE J
Date of judgment: 7 November 2024
Catchwords: PRACTICE AND PROCEDURE – class action alleging issuance of unsecured notes pursuant to misleading and deceptive prospectus – yet another episode of collateral disputation – proposed joinder of Velocity Rewards Pty Limited – r 9.05 of the Federal Court Rules 2011 (Cth) – whether an "arguable" case exists as against VRPL – alleged contraventions of statutory norms – misleading and deceptive conduct – accessorial liability – requirement of knowledge of falsity – where case as presently articulated meets "arguable" threshold – joinder allowed – orders made
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, s 18 Federal Court of Australia Act 1976 (Cth) ss 33K, 37M(3) Federal Court Rules 2011 (Cth) rr 9.05, 9.05(1)(b)(iii)
Cases cited: ACCC v Productivity Partners Pty Ltd (t/as Captain Cook College) (No 3) [2021] FCA 737; (2021) 154 ACSR 472 ASIC v ActiveSuper Pty Ltd (in liq) [2015] FCA 342; (2015) 235 FCR 181 Bupa Australia Pty Ltd v iSelect (No 2) [2012] FCA 1277 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited [2022] FCA 1243; (2022) 165 ACSR 550 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 2) [2023] FCA 899 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 3) [2023] FCA 1329 Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 4) [2024] FCA 280 Productivity Partners Pty Ltd v Australian Competition and Consumer Commission [2024] HCA 27; (2024) 98 ALJR 1021 Re HIH Insurance Ltd (in liq) [2016] NSWSC 482; (2016) 335 ALR 320 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Trade Practices Commission v Australian Meat Holdings Pty Ltd (1988) 83 ALR 299 Yorke v Lucas (1985) 158 CLR 661
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