Schofield v TFS Manufacturing [2020] FCA 1526

Schofield v TFS Manufacturing [2020] FCA 1526

Security for costs should not be ordered in this unfunded open class representative proceeding, as doing so would undermine the purpose of Pt IVA to facilitate access to justice for personal injury and product liability claims; the claims, although significant in value, would not justify a different approach given the context and policy objectives of class action legislation. The application is dismissed with costs.

Parties
First Applicant: Lindsay Schofield; Second Applicant: Melissa Weedon; First Respondent: TFS Manufacturing; Second Respondent: IVS Pty Ltd; Third Respondent: Covidien Pty Ltd (and others named in the Schedule); Fourth Respondent: Peter Petros; Prospective Fifth Respondent: Medical Indemnity Protection Society Limited
Jurisdiction
Australia
Judgment Date
08 October 2020
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application for Security for Costs; Judgment on Interlocutory Application
Outcome
Application dismissed with costs
Legal Topics
Security for Costs, Representative Proceedings, Stultification, Negligence, Consumer Law, Access to Justice
Civil Procedure Class Actions Product Liability Personal Injury Security for Costs Representative Proceedings Stultification Negligence +2 more

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Parties

Lindsay Schofield

First Applicant

Melissa Weedon

Second Applicant

TFS Manufacturing

First Respondent

IVS Pty Ltd

Second Respondent

Covidien Pty Ltd (and others named in the Schedule)

Third Respondent

Peter Petros

Fourth Respondent

Medical Indemnity Protection Society Limited

Prospective Fifth Respondent

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application for Security for Costs; Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether security for costs should be ordered in an unfunded open class representative proceeding for personal injury and product liability
  2. 2 Whether an order for security would stultify the proceeding
  3. 3 Whether the decision to bring proceedings as a representative proceeding is relevant to security for costs

Ratio Decidendi

Security for costs should not be ordered in this unfunded open class representative proceeding, as doing so would undermine the purpose of Pt IVA to facilitate access to justice for personal injury and product liability claims; the claims, although significant in value, would not justify a different approach given the context and policy objectives of class action legislation. The application is dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs.