Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761

Lloyd v Belconnen Lakeview Pty Ltd (No 3) [2022] FCA 761

Discontinuance of both representative proceedings was approved because, after the Full Court decision and unsuccessful special leave application in the Altitude proceeding, what remained were individual statutory compensation claims dependent on facts and evidence, ongoing funding was not commercially available, group members had received adequate notice and no objection or alternative proposal was made, and group members remained able to pursue individual claims. In those circumstances, discontinuance was fair and reasonable and in the interests of group members, and was not unfair, unreasonable or adverse to their interests. The same reasoning applied to the Manhattan on the Park...

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Representative Proceedings Concerning the Sale of New Residential Units in the Australian Capital Territory / Applications Under S 33 V of the Federal Court of Australia Act 1976 (cth) for Approval to Discontinue Representative Proceedings
Outcome
Discontinuance approved in both proceedings; leave granted to file notices of discontinuance; limitation periods to begin to run again 60 days after filing of the notices; costs orders made in NSD 1417 of 2017.
Legal Topics
['approval of Discontinuance of Representative Proceedings' 'limitation Periods for Group Member Claims' 'misleading or Deceptive Conduct' 'restitutionary Claims' 'litigation Funding' 'costs']
['practice and Procedure' 'representative Proceedings' 'commercial and Corporations' 'commercial Contracts, Banking, Finance and Insurance' 'consumer Law'] ['approval of Discontinuance of Representative Proceedings' 'limitation Periods for Group Member Claims' 'misleading or Deceptive Conduct' 'restitutionary Claims' 'litigation Funding' 'costs']

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Procedural Posture

Representative Proceedings Concerning the Sale of New Residential Units in the Australian Capital Territory / Applications Under S 33 V of the Federal Court of Australia Act 1976 (cth) for Approval to Discontinue Representative Proceedings

Legal Issues

  1. 1 ['Whether discontinuance of each representative proceeding should be approved under s 33V of the Federal Court of Australia Act 1976 (Cth).' 'Whether orders should be made under ss 33V and 33ZF of the Federal Court of Australia Act 1976 (Cth) so that limitation periods for the applicant and group members begin to run again 60 days after filing of a notice of discontinuance.' 'What costs order should be made in the Altitude proceeding in relation to the discontinuance application.']

Ratio Decidendi

Discontinuance of both representative proceedings was approved because, after the Full Court decision and unsuccessful special leave application in the Altitude proceeding, what remained were individual statutory compensation claims dependent on facts and evidence, ongoing funding was not commercially available, group members had received adequate notice and no objection or alternative proposal was made, and group members remained able to pursue individual claims. In those circumstances, discontinuance was fair and reasonable and in the interests of group members, and was not unfair, unreasonable or adverse to their interests. The same reasoning applied to the Manhattan on the Park...

Court Disposition

Discontinuance approved in both proceedings; leave granted to file notices of discontinuance; limitation periods to begin to run again 60 days after filing of the notices; costs orders made in NSD 1417 of 2017.

Orders

  • ['NSD 1417 of 2017: Discontinuance of the proceeding be approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth).' 'NSD 1417 of 2017: The applicant be granted leave to discontinue the proceeding by filing a notice of discontinuance forthwith.' 'NSD 1417 of 2017: Pursuant to ss 33V and 33ZF of...