NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Owen Brewster v BMW Australia Ltd [2018] NSWSC 1602 Hearing dates: 22 October 2018 Date of orders: 22 October 2018 Decision date: 23 October 2018 Before: Sackar J Decision: see paras [25]-[26] Catchwords: CIVIL PROCEDURE – class action or representative proceedings – separate determination of question – separate determination of question of whether Supreme Court has power to make a common fund order in representative proceedings – removal of separate question to the Court of Appeal – whether removal of separate question to the Court of Appeal appropriate in the circumstances Legislation Cited: Civil Procedure Act 2005 (NSW) Commonwealth Constitution Competition and Consumer Act 2010 (Cth) Judiciary Act 1903 (Cth) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (in liq) (No 3) (2017) 343 ALR 476; [2017] FCA 330 Director of Public Prosecutions (Cth) v JM (2013) 250 CLR 135; [2013] HCA 30 Money Max Int Pty Ltd v QBE Insurance Group Ltd (2016) 245 FCR 191; [2016] FCAFC 148 Texts Cited: n/a Category: Procedural and other rulings Parties: Owen Brewster (Plaintiff) BMW Australia Ltd (Defendant) Representation: Counsel: E Holmes, R Mansted (Plaintiff) J Kirk SC, T Prince (Defendant)
Solicitors: Quinn Emanuel Urquhart & Sullivan (Plaintiff) Ashurst (Defendant) File Number(s): 2018/9555 Publication restriction: n/a
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