| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
GROUP PROCEEDINGS LIST
S ECI 2023 01835
| JUSTINE LIDGETT | First Plaintiff |
| CAMERON LIDGETT | Second Plaintiff |
| v | |
| DOWNER EDI LIMITED (ACN 003 872 848) | Defendant |
S ECI 2023 03645
| KAJULA PTY LTD (ACN 065 474 713) | Plaintiff |
| v | |
| DOWNER EDI LIMITED (ACN 003 872 848) | Defendant |
S ECI 2023 03646
| JOWENE PTY LIMITED (ACN 001 714 585) ATF BIRO CITER SOUVENIRS PTY LIMITED PENSION FUND | Plaintiff |
| v | |
| DOWNER EDI LIMITED (ACN 003 872 848) | Defendant |
S ECI 2023 03647
| TIMOTHY HUI CHONG TEOH | First Plaintiff |
| PETER HERMANN ECKARDT | Second Plaintiff |
| V | |
| DOWNER EDI LIMITED (ACN 003 872 848) | Defendant |
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JUDGE: | DELANY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 28 August 2023 |
DATE OF RULING: | 27 September 2023 |
CASE MAY BE CITED AS: | Lidgett v Downer EDI Ltd; Kajula Pty Ltd v Downer EDI Ltd; Jowene Pty Ltd v Downer EDI Ltd; Teoh v Downer EDI Ltd |
MEDIUM NEUTRAL CITATION: | [2023] VSC 574 |
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PRACTICE AND PROCEDURE — Group proceedings — Multiplicity of proceedings — Where plaintiffs in three competing proceedings jointly seek consolidation — Consolidation consistent with overarching purpose in Civil Procedure Act 2010 (Vic) and r 9.12 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) — Applications granted — Traditional Values Management Ltd (in liq) v Taylor [2012] VSC 299 applied.
PRACTICE AND PROCEDURE — Group proceedings — Multiplicity — Where four open class group proceedings commenced against same defendant — Three competing proceedings consolidated — Carriage dispute — Comparative experience of legal teams — Risk of duplicated costs where two law practices involved — Funding and available resources — Circumstances and characteristics of lead plaintiffs — Competing applications finely balanced — Demonstrated track record of practitioners and parties in consolidated proceeding gives greater confidence that best interests of group members will be advanced — Requirement to seek to give effect to the overarching purpose — Consolidated proceeding to be preferred — Kajula proceeding stayed — Civil Procedure Act 2010 (Vic), ss 7, 8, 9, Supreme Court Act 1986 (Vic), s 33ZF — Lay v Nuix Ltd [2022] VSC 479, Perera v Getswift Ltd (2018) 263 FCR 92, Stallard v Treasury Wine Estates Ltd [2020] VSC 679, Dillon v RBS Group (Australia) Pty Ltd (2017) 252 FCR 150 considered.
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 — Tender process between competing law firms — GCO at 21% granted — Reflects lowest market price available to fund proceedings — Supreme Court Act 1986 (Vic), s 33ZDA — Fox v Westpac [2021] VSC 573, Mumford v EML Payments Ltd [2022] VSC 750 considered.
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APPEARANCES: | Counsel | Solicitors |
| For the plaintiffs in S ECI 2023 01835 (Mr and Mrs Lidgett) | Ms R Doyle SC with Mr R May | Maurice Blackburn |
| For the plaintiff in S ECI 2023 03645 (Kajula Pty Ltd) | Mr C… |
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- AGLC
- Lidgett v Downer EDI Ltd; Kajula Pty Ltd v Downer EDI Ltd; Jowene Pty Ltd v Downer EDI Ltd; Teoh v Downer EDI Ltd [2023] VSC 574
- Case
- [2023] VSC 574
- Decision Date
CaseChat Overview and Summary
The court found that consolidation was consistent with the overarching purpose of the Civil Procedure Act and the relevant Supreme Court rules. The court noted that the lead plaintiffs in the consolidated proceeding had a demonstrated track record of managing group proceedings and advancing the best interests of group members. The court also found that the comparative experience of the legal teams, the risk of duplicated costs, and the funding and available resources all supported consolidation. The court concluded that the consolidated proceeding was preferable because it provided greater confidence that the best interests of group members would be advanced. The Kajula proceeding was stayed.
The court made a Group Costs Order, setting the costs at 21% of the amount of any award or settlement recovered. The court found that this percentage reflected the lowest market price available to fund the proceedings and was consistent with previous cases. The court considered the tender process between the competing law firms and found that the 21% GCO was appropriate.
The court made orders consolidating the Lidgett proceeding with two other proceedings, staying the Kajula proceeding, and making a Group Costs Order of 21%.
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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