Perera v GetSwift Limited (No 2)

[2018] FCA 909

FEDERAL COURT OF AUSTRALIA

Perera v GetSwift Limited (No 2) [2018] FCA 909

File number:

NSD 226 of 2018
NSD 440 of 2018
NSD 580 of 2018

Judge:

LEE J

Date of judgment:

15 June 2018

Catchwords:

COSTS – resolution of costs applications following orders made to permanently stay two of three representative proceedings – where orders for costs sought by respondents in respect of the resolution of a multiplicity dispute – where orders are sought by an applicant in one proceeding against a non-party to that proceeding – where orders sought in respect of the successful representative party’s application for injunctive relief against an unsuccessful representative applicant

REPRESENTATIVE PROCEEDINGS – power to award costs against group members – proper construction of s 43(1A) of the Federal Court of Australia Act 1976 (Cth)

Legislation:

Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33ZF, 37M(3), 43, 43(1), 43(1A)

Federal Court Rules 2011, Div 9.2

Cases cited:

Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72

Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52

Webb v GetSwift Limited [2018] FCA 783

Perera v GetSwift Limited [2018] FCA 732

Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39; [2004] 1 WLR 2807

Date of hearing:

8 June 2018

Registry:

Sydney

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

47

Counsel for the Applicant:

Mr WAD Edwards

Solicitor for the Applicant:

Squire Patton Boggs

Counsel for the Respondents:

Mr M Darke SC and Mr A Shearer

Solicitor for the Respondents:

Quinn Emanuel Urquhart & Sullivan

Counsel for the Applicants in NSD440/2018:

Mr G Rich SC and Dr B Kremer

Solicitor for the Applicants in NSD440/2018:

Corrs Chambers Westgarth

Counsel for the Applicant in NSD580/2018:

Mr D Collins QC and Ms J McDonald

Solicitor for the Applicant in NSD580/2018:

Phi Finney McDonald

ORDERS

NSD 226 of 2018

BETWEEN:

DWAYNE CAVAN SHANAHAN PERERA

Applicant

AND:

GETSWIFT LIMITED

First Respondent

JOEL MACDONALD

Second Respondent

JUDGE:	LEE J
DATE OF ORDER:	15 JUNE 2018

THE COURT ORDERS THAT:

1.By 9 am on 19 June 2018, the parties provide to the Associate to Justice Lee orders reflecting these reasons together with such other orders arising from the case management hearing in proceedings NSD 580 of 2018 on 15 June 2018.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ORDERS

NSD 440 of 2018

BETWEEN:

SHAUN MCTAGGART

First Applicant

SAMANTHA MCTAGGART
Second Applicant

AND:

GETSWIFT LTD

First Respondent

JOEL MACDONALD

Second Respondent

BANE HUNTER

Third Respondent

JUDGE:	LEE J
DATE OF ORDER:	15 JUNE 2018

THE COURT ORDERS THAT:

1.By 9 am on 19 June 2018, the parties provide to the Associate to Justice Lee orders reflecting these reasons together with such other orders arising from the case management hearing in proceedings NSD 580 of 2018 on 15 June 2018.

Note:    Entry…