| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
GROUP PROCEEDINGS LIST
S ECI 2021 04360
| WILLIAM LAY | Plaintiff |
| v | |
| NUIX LIMITED (ACN 117 140 235) | Defendant |
S ECI 2021 04391
| DANIEL JOSEPH BATCHELOR | Plaintiff |
| v | |
| NUIX LIMITED (ACN 117 140 235) | Defendants |
| (& Ors according to the Schedule attached) |
S ECI 2022 00735
| STELLA STEFANA BAHTIYAR | Plaintiff |
| v | |
| NUIX LIMITED (ACN 117 140 235) | Defendants |
| (& Ors according to the Schedule attached) |
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JUDGE: | Nichols J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 16 June 2022; further mention on 18 July 2022; further submissions filed on 5, 15 and 20 July 2022 |
DATE OF RULING: | 23 August 2022 |
CASE MAY BE CITED AS: | Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd |
MEDIUM NEUTRAL CITATION: | [2022] VSC 479 |
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PRACTICE AND PROCEDURE — Group proceedings — Multiplicity of proceedings — Competing carriage motions — Where plaintiffs in two of the proceedings jointly seek consolidation, joint representation and stay of the other proceeding — Whether consolidation in the best interests of group members — Whether joint representation in the best interests of group members — Supreme Court Act 1986 (Vic) s 33ZF — Wigmans v AMP Ltd (2021) 270 CLR 623, Perera v GetSwift Ltd (2018) 263 FCR 92, Klemweb Nominees Pty Ltd v BHP Group Ltd (2019) 369 ALR 583, Fuller v Allianz Australia Insurance Ltd (2021) 65 VR 78 — Consolidation granted — Stay granted — One firm to be appointed as solicitors on the record.
GROUP PROCEEDINGS — Costs — Application for a Group Costs Order — Costs to be calculated as a percentage of the amount of any award or settlement recovered — Whether proper evidentiary basis to make the proposed GCO — Judicial discretion in open-textured legislation — Principles to be applied — Supreme Court Act 1986 (Vic) s 33ZDA — Allen v G8 Education Ltd [2022] VSC 32, Fox v Westpac; Crawford v ANZ [2021] VSC 573, Boganv The Estate of Peter John Smedley (Deceased) [2022] VSC 201 — Application dismissed.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff in the Lay Proceeding | Mr R May | Shine Lawyers |
| For the Plaintiff in the Batchelor Proceeding | Mr LWL Armstrong QC Mr M Guo | Phi Finney McDonald |
| For the Plaintiff in the Bahtiyar Proceeding | Mr WAD Edwards Mr E Batrouney | Banton Group |
| For Nuix | Mr M Darke SC Mr J Entwisle | Gilbert + Tobin |
| For Macquarie Capital and Macquarie Group Limited | Mr R Craig QC Ms J Findlay | Herbert Smith Freehills |
| For the Fourth, Fifth and Sixth Defendants in the Bahtiyar Proceeding | Mr S Marks QC Ms M Szydzik | Jones Day |
| For the Seventh Defendant in the Bahtiyar Proceeding | Dr C Parkinson SC | Corrs Chambers Westgarth |
| For the Eight Defendant in the Bahtiyar Proceeding | Ms N Gollan | Watson Mangioni Lawyers |
| For the Ninth Defendant in the Bahtiyar Proceeding | Mr G Rich SC Ms A Campbell | Arnold Bloch Leibler |
TABLE OF CONTENTS
Part A: Introduction and background............................................................................................…
Continue reading Lay v Nuix Ltd
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- AGLC
- Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd [2022] VSC 479
- Case
- [2022] VSC 479
- Decision Date
CaseChat Overview and Summary
In addition to these issues, the plaintiffs sought a Group Costs Order (GCO) to determine the costs as a percentage of any award or settlement. The court examined whether there was a proper evidentiary basis to make such an order and considered the judicial discretion available under the Supreme Court Act 1986 (Vic). The court referred to Allen v G8 Education Ltd, Fox v Westpac; Crawford v ANZ, and Bogan v The Estate of Peter John Smedley (Deceased) in its analysis. Ultimately, the court concluded that the plaintiffs had not provided sufficient evidence to support the proposed GCO and dismissed the application. This decision highlights the importance of a robust evidentiary foundation when seeking such orders and underscores the broad discretion held by the court in interpreting open-textured legislation.
In summary, the court granted the consolidation and stay of the second proceeding, appointed a single firm of solicitors to represent all plaintiffs, and dismissed the application for a GCO. These outcomes reflect the court's balanced approach to managing group proceedings, ensuring both efficiency and fairness for the parties involved.
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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