High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
Matter No S152/2019
BMW AUSTRALIA LTD APPELLANT
AND
OWEN BREWSTER & ANOR RESPONDENTS
Matter No S154/2019
WESTPAC BANKING CORPORATION & ANOR APPELLANTS
AND
GREGORY JOHN LENTHALL & ORS RESPONDENTS
BMW Australia Ltd v Brewster Westpac Banking Corporation v Lenthall [2019] HCA 45 Date of Hearing: 13 & 14 August 2019 Date of Judgment: 4 December 2019 S152/2019 & S154/2019
ORDER
Matter No S152/2019
1. Appeal allowed.
2. Set aside the orders made by the Court of Appeal of the Supreme Court of New South Wales on 1 March 2019 and 22 March 2019 and, in their place, order that:
(a) the question stated for separate determination be answered: "No"; and
(b) the first respondent pay the applicant's costs of the application for, and the hearing of, the separate question.
3. The first respondent pay the appellant's costs of the appeal to this Court.
Matter No S154/2019
1. Appeal allowed.
2. Set aside orders 3 and 4 made by the Full Court of the Federal Court of Australia on 1 March 2019 and, in their place, order that:
(a) the appeal be allowed;
(b) orders 1 and 2 made by Lee J on 28 September 2018 be set aside and, in their place, the application for a common fund order be dismissed with costs; and
(c) the respondents pay the appellants' costs of the appeal.
3. The respondents pay the appellants' costs of the appeal to this Court.
On appeal from the Supreme Court of New South Wales (S152/2019) and the Federal Court of Australia (S154/2019)
Representation
J K Kirk SC with T O Prince for the appellant in S152/2019 (instructed by Ashurst Australia)
J C Sheahan QC with E Holmes and R Mansted for the first respondent in S152/2019 (instructed by Quinn Emanuel Urquhart & Sullivan)
Submitting appearance for the second respondent in S152/2019
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