De Brett Seafood Pty Ltd v Qantas Airways Limited (No 3) [2011] FCA 1059

De Brett Seafood Pty Ltd v Qantas Airways Limited (No 3) [2011] FCA 1059

The requirements for leave to file cross-claims under Rule 15.05(2) were met; any lack of specificity in pleading could be remedied by procedural orders. The applications for leave were made promptly after relevant developments and would not impede just and efficient conduct of proceedings. Leave was granted for Singapore Airlines and Cathay Pacific to file and serve notices of cross-claim against Korean Airlines.

Jurisdiction
Australia
Judgment Date
14 September 2011
Procedural Posture
Class Action / Interlocutory Application for Leave to File Cross Claims
Outcome
Leave granted for third, fourth and fifth respondents to file and serve notice of cross-claim on Korean Airlines for contribution or indemnity.
Legal Topics
['cartel Conduct' 'leave to File Cross Claim' 'contribution or Indemnity']
['competition Law' 'civil Procedure'] ['cartel Conduct' 'leave to File Cross Claim' 'contribution or Indemnity']

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Procedural Posture

Class Action / Interlocutory Application for Leave to File Cross Claims

Legal Issues

  1. 1 ['Whether leave should be granted for late filing of cross-claims for contribution or indemnity against Korean Airlines' 'Compliance with Federal Court Rules for filing cross-claims' 'Adequacy of pleading material facts in cross-claims']

Ratio Decidendi

The requirements for leave to file cross-claims under Rule 15.05(2) were met; any lack of specificity in pleading could be remedied by procedural orders. The applications for leave were made promptly after relevant developments and would not impede just and efficient conduct of proceedings. Leave was granted for Singapore Airlines and Cathay Pacific to file and serve notices of cross-claim against Korean Airlines.

Court Disposition

Leave granted for third, fourth and fifth respondents to file and serve notice of cross-claim on Korean Airlines for contribution or indemnity.

Orders

  • ['Leave be granted to each of the third, fourth and fifth respondents to file and serve on Korean Airlines Company Limited a notice of cross-claim for contribution or indemnity in respect of a claim against it in the proceeding on or before 23 September 2011.' 'The proceeding be listed for mention on 19 September...