In the matter of Cosmas Pty Ltd

Cosmas Pty Ltd sought an order consolidating two proceedings that had been commenced in the Federal Circuit Court. The proceedings involved the same parties and common issues of law and fact, including allegations of breaches of the Australian Consumer Law by Cosmas, which had sold and leased caravans to consumers. The first proceeding was a proceeding brought by the Australian Competition and Consumer Commission, and the second was a proceeding brought by two consumers. The court was required to decide whether the proceedings should be consolidated.

The court held that consolidation was appropriate because the proceedings involved the same parties and common issues of law and fact. The court noted that the proceedings were related and that the issues in the proceedings were not so complex that they could not be conveniently tried together. The court also noted that the consolidation of the proceedings would avoid the possibility of inconsistent judgments being given in the two proceedings. The court held that the proceedings should be consolidated, and it ordered that the proceeding brought by the consumers be transferred to the proceeding brought by the ACCC.

No further orders were made.