| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S ECI 2019 01926
BETWEEN:
| NICOS ANDRIANAKIS | Plaintiff |
| v | |
| UBER TECHNOLOGIES INCORPORATED and others according to the attached schedule | Defendants |
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JUDGE: | MACAULAY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 4 and 6 September 2019 |
DATE OF RULING: | 20 December 2019 |
CASE MAY BE CITED AS: | Andrianakis v Uber Technologies (Ruling No 1) |
MEDIUM NEUTRAL CITATION: | [2019] VSC 850 |
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TORT – Conspiracy – Unlawful means conspiracy – Claim that defendants combined with the intention of injuring the plaintiff and group members by unlawful means – Whether the pleading of the subjective element of intention to injure by unlawful means adopts correct legal test.
PRACTICE AND PROCEDURE – Pleadings – Application to strike out statement of claim – Whether statement of claim fails to plead a cause of action or is embarrassing – Whether conspirators and overt acts adequately identified.
PRACTICE AND PROCEDURE – Group proceeding – Application that proceeding not continue as group proceeding – Single Victorian plaintiff representing group members in four Australian States – Whether plaintiff has a sufficient interest to represent all group members or can otherwise adequately or effectively represent all group members – Whether any substantial common questions of fact or law – Supreme Court Act 1986 (Vic) Part 4A ss 33C, 33H, 33N , 33ZF.
PRACTICE AND PROCEDURE - Service out of Australia pursuant to r 7.02 Supreme Court (General Civil Procedure) Rules 2015 – Foreign defendants’ application to set aside service – Rules 7.04 and 8.08 – Whether r 7.02 as amended by SR No 109/2016 was made without power - Adjudicatory jurisdiction of the Court – Subject matter jurisdiction of the Court – Source of authority for judges of the court to make rules relating to service of process out of Australia – s 25(1)(a) of the Supreme Court Act 1986 (Vic).
PRACTICE AND PROCEDURE – Security for costs – Quantum of security to be provided – Application for security for costs by only two of seven defendants – Approach to the quantification of security for costs of only some among multiple defendants where costs include common costs.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr David Collins SC Ms Melanie Szydzik Ms Siobhan Kelly | Maurice Blackburn Pty Ltd |
| For the Defendants | Mr Neil Young QC Mr David Sulan | Jones Day |
TABLE OF CONTENTS
Introduction......................................................................................................................................... 1
Background......................................................................................................................................... 3
Should the ASOC be struck out?................................................................................................... 4
The pleaded claim in overview.................................................................................................. 6
Pleading principles..................................................................................................................... 12
Does the ASOC fail to adequately identify the conspirators and their overt acts?........... 14
Does the ASOC adequately plead an intention to injure by unlawful means?................. 31
Should orders be made under Part 4A of the Supreme Court Act?........................................ 42
Are the circumstances similar or related: s 33C(1)(b)?.......................................................... 47
Is there a common substantial question of law or fact: s33C(1)(c)?..................................... 48
Can Mr Andrianakis represent group members outside of Victoria?................................ 51
Can Mr Andrianakis call evidence only relevant to claims outside…
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- AGLC
- Andrianakis v Uber Technologies (Ruling No 1) [2019] VSC 850
- Case
- [2019] VSC 850
- Decision Date
CaseChat Overview and Summary
The court examined whether the plaintiff's statement of claim sufficiently identified the conspirators and the overt acts, and whether it adequately pleaded a cause of action. The court also considered the plaintiff's capacity to represent the group proceeding and the presence of common questions of fact or law. Additionally, the defendants challenged the adjudicatory and subject matter jurisdiction of the court in relation to service out of Australia and questioned the source of authority for the rules relating to such service.
The court ruled that the statement of claim adequately identified the conspirators and the overt acts and was not embarrassing or bound to fail. It found that the proceeding was appropriate as a group proceeding and that the plaintiff had a sufficient interest to represent all group members. The court upheld the validity of service out of Australia and dismissed the application to set aside service. Regarding security for costs, the court decided that the plaintiff was entitled to an order for security for costs from two of the defendants, with an appropriate quantum taking into account the common costs.
The court ordered that the proceeding continue as a group proceeding and that security for costs be provided by two of the defendants. The court also dismissed the application to strike out the statement of claim and the application to set aside service. The ruling clarified the legal standards for pleading conspiracy and the capacity of a plaintiff to represent a group proceeding.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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