Williams v AusNet Electricity Services Pty Ltd (Ruling No 3)

In this matter, Williams initiated legal proceedings against AusNet Electricity Services Pty Ltd, a company involved in electricity distribution. The dispute revolved around the calculation of costs associated with a class action, specifically the legal costs incurred by the plaintiff and the representative parties. The matter was heard in the Supreme Court of Victoria. The primary legal issue was whether the rules of court, specifically rules 63.34(3) and 63.48 of the Supreme Court (General Civil Procedure) Rules 2015, permitted the court to order that the defendant pay the legal costs of the representative parties and the plaintiff, in addition to the defendant's own costs.

The court considered the relevant provisions of the Supreme Court Act 1986, Part 4A, and the Rules. The court held that the Rules should be interpreted in a manner that achieved the purpose of the legislation, which is to provide for the fair and efficient resolution of group proceedings. The court found that there was no basis for concluding that the Rules precluded the court from ordering that the defendant pay the legal costs of the representative parties and the plaintiff, in addition to the defendant's own costs. The court held that the Rules were not inconsistent with each other, and that rule 63.34(3) did not preclude the making of an order under rule 63.48. The court held that it had the discretion to order that the defendant pay the legal costs of the representative parties and the plaintiff, in addition to the defendant's own costs.

The court ordered that the defendant pay the legal costs of the plaintiff and the representative parties, in addition to its own costs, in accordance with the orders made by the court. The court emphasised that the exercise of its discretion was not an exercise in judicial activism, but rather a recognition of the need to achieve the purpose of the legislation in a fair and efficient manner. The court's decision provides clarity for parties involved in class actions and group proceedings, and ensures that the Rules are interpreted in a manner that achieves the purpose of the legislation.