Dillon v RBS Group (Australia) Pty Limited [2017] FCA 896

Dillon v RBS Group (Australia) Pty Limited [2017] FCA 896

The interlocutory application for a declaration regarding adverse costs liability to the Sample Group Member was refused because there was no real, extant controversy between parties or utility for declaratory relief; the statutory scheme already precludes costs exposure absent express directions under s 33Q or s 33R, and the declaration would amount to an impermissible advisory opinion.

Parties
First Applicant: Rebecca Louise Dillon; Second Applicant: Rebecca Jane Dobson; First Respondent: RBS Group (Australia) Pty Limited; Second Respondent: RBS Alternative Investments (Australia) Pty Limited ACN 154 251 671; Third Respondent: RBS Nominees (Australia) Pty Limited (as Trustee) ACN 094 599 989
Jurisdiction
Australia
Judgment Date
08 August 2017
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application and Case Management Orders Preceding Initial Group Trial
Outcome
Interlocutory application for declaration dismissed; no order as to costs. Case management orders made for procedural timetable.
Legal Topics
Interlocutory Declarations, Declaratory Relief, Class Composition, Group Membership, Sample Group Member Claims, Case Management Under Part IVA, Common Questions and Issues of Commonality
Practice and Procedure Class Actions Consumer Protection Corporations Interlocutory Declarations Declaratory Relief Class Composition Group Membership +3 more

Case Brief

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Parties

Rebecca Louise Dillon

First Applicant

Rebecca Jane Dobson

Second Applicant

RBS Group (Australia) Pty Limited

First Respondent

RBS Alternative Investments (Australia) Pty Limited ACN 154 251 671

Second Respondent

RBS Nominees (Australia) Pty Limited (as Trustee) ACN 094 599 989

Third Respondent

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application and Case Management Orders Preceding Initial Group Trial

Legal Issues

  1. 1 Whether the Court can make an interlocutory declaration clarifying costs liability for a Sample Group Member
  2. 2 Whether applicants can validly represent persons who acquired NRFUZA Warrants
  3. 3 Whether persons who only acquired NRFUZA Warrants are group members

Ratio Decidendi

The interlocutory application for a declaration regarding adverse costs liability to the Sample Group Member was refused because there was no real, extant controversy between parties or utility for declaratory relief; the statutory scheme already precludes costs exposure absent express directions under s 33Q or s 33R, and the declaration would amount to an impermissible advisory opinion.

Court Disposition

Interlocutory application for declaration dismissed; no order as to costs. Case management orders made for procedural timetable.

Orders

  • The applicants' interlocutory application dated 17 July 2017 (and filed on 18 July 2017) be dismissed.
  • There be no order as to the costs of the interlocutory application.