FEDERAL COURT OF AUSTRALIA
Bupa Australia Pty Ltd v iSelect (No 2) [2012] FCA 1277
Citation: Bupa Australia Pty Ltd v iSelect (No 2) [2012] FCA 1277 Parties: BUPA AUSTRALIA PTY LTD (ACN 000 057 590) v ISELECT LIMITED (ACN 124 302 932) and ISELECT HEALTH PTY LTD (ACN 088 749 955); ISELECT LIMITED (ACN 124 302 932) and ISELECT HEALTH PTY LTD (ACN 088 749 955); BUPA AUSTRALIA PTY LTD (ACN 000 057 590) and RICHARD BOWDEN File number: VID 221 of 2012 Judges: DODDS-STREETON J Date of judgment: 25 October 2012 Catchwords: PRACTICE AND PROCEDURE - Application for joinder of parties and amendment of pleadings – whether arguable or affirmative case of accessorial liability against proposed parties – relevance of lack of particulars Legislation: Federal Court Rules 2011 (Cth), r 9.05
Federal Court Rules 1979 (Cth), O 6 r 8Cases cited: Brisbane Slipways Operations Pty Ltd v Pantaloni (2010) 270 ALR 13 considered
Bupa Australia Pty Ltd v iSelect Limited (No 1) [2012] FCA 587 cited
Comcare v John Holland Rail Pty Ltd [2009] FCA 660 considered
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1965] ALR 636 cited
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited
Review Australia Pty Ltd v Redberry Enterprise Pty Ltd (2003) 58 IPR 366 considered
Tytel Pty Ltd v Australian Telecommunications Commission (1988) 11 IPR 223 cited
Warner Music Australia Ltd v Swiftel Communications Pty Ltd (2005) 67 IPR 27 cited
Yorke v Lucas (1985) 158 CLR 661 citedDate of hearing: 25 October 2012 Date of publication of reasons: 15 November 2012 Date of last submissions: 25 October 2012 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 37 Counsel for the Applicant/Cross Respondents: Mr CM Scerri QC with Mr A Dinelli Solicitor for the Applicant/Cross Respondents: King & Wood Mallesons Counsel for the Respondents/Cross Claimants: Mr C Golvan SC with Mr D Star Solicitor for the Respondents/Cross Claimants: Middletons
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 221 of 2012
BETWEEN: BUPA AUSTRALIA PTY LTD (ACN 000 057 590)
ApplicantISELECT LIMITED (ACN 124 302 932)
First Cross-ClaimantISELECT HEALTH PTY LTD (ACN 088 749 955)
Second Cross-ClaimantAND: ISELECT LIMITED (ACN 124 302 932)
First RespondentISELECT HEALTH PTY LTD (ACN 088 749 955)
Second RespondentBUPA AUSTRALIA PTY LTD (ACN 000 057 590)
First Cross-RespondentRICHARD BOWDEN
Second Cross-Respondent
JUDGE:
DODDS-STREETON J
DATE OF ORDER:
25 OCTOBER 2012
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.Messrs Damien Michael Trevor Waller and Matthew Ross McCann (Messrs Waller & McCann) be joined as, respectively, the Third and Fourth Respondents to the proceeding.
2.On or before 4pm on 1 November 2012, Bupa has leave to file and serve:
(a)an Amended Fast Track Application in the same form as that which forms part of Confidential Exhibit DMG-8 to the Second Affidavit of Domenic Mathew Gatto affirmed on 2 October 2012; and
(b)Further Amended Fast Track…
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- Case
- [2012] FCA 1277
- Decision Date
CaseChat Overview and Summary
The Court ordered that Messrs Waller and McCann be joined as the Third and Fourth Respondents to the proceeding. Bupa was granted leave to file and serve an Amended Fast Track Application and a Further Amended Fast Track Statement by a specified deadline. The orders were to be entered in accordance with Rule 39.32 of the Federal Court Rules 2011. This decision allowed the plaintiff to pursue its claims against the additional parties while maintaining the confidentiality of certain documents until their status was finally determined.
Orders
Orders of the court
1. Messrs Damien Michael Trevor Waller and Matthew Ross McCann (Messrs Waller & McCann) be joined as, respectively, the Third and Fourth Respondents to the proceeding.
2. On or before 4pm on 1 November 2012, Bupa has leave to file and serve:
(a) an Amended Fast Track Application in the same form as that which forms part of Confidential Exhibit DMG-8 to the Second Affidavit of Domenic Mathew Gatto affirmed on 2 October 2012; and
(b) Further Amended Fast Track Statement in the same form as Confidential Annexure DMG-16 to the Third Affidavit of Domenic Mathew Gatto affirmed on 15 October 2012.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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