Perera v GetSwift Limited (No 2) [2018] FCA 909

Perera v GetSwift Limited (No 2) [2018] FCA 909

The Court has no power under s 43(1A) of the Federal Court of Australia Act 1976 (Cth) to order costs against a group member except as specifically authorised, and there was no basis to order costs against the non-party funder. Costs otherwise incurred by the respective applicants are the sunk costs of unsuccessful pursuit of carriage and commercial enterprise. The costs of the multiplicity dispute and interlocutory restraint application are reserved for determination upon further developments in the main proceeding. Mr Perera's application for costs against Mr Webb and TCM is dismissed.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Representative Proceedings (class Actions) / Post Interlocutory; Determination of Costs Following Orders to Permanently Stay Proceedings
Outcome
Costs of the multiplicity proceedings and interlocutory application reserved; Mr Perera's interlocutory application dismissed; parties to provide draft orders for each proceeding.
Legal Topics
['costs Orders in Representative Proceedings' 'powers Under Federal Court of Australia Act S 43(1 A)' 'award of Costs Against Group Members and Non Parties']
['civil Procedure' 'class Actions' 'costs'] ['costs Orders in Representative Proceedings' 'powers Under Federal Court of Australia Act S 43(1 A)' 'award of Costs Against Group Members and Non Parties']

Case Brief

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Procedural Posture

Representative Proceedings (class Actions) / Post Interlocutory; Determination of Costs Following Orders to Permanently Stay Proceedings

Legal Issues

  1. 1 ['Whether costs should be ordered against applicants and group members following permanent stay of proceedings due to multiplicity' 'Construction and application of s 43(1A) of the Federal Court of Australia Act 1976 (Cth) regarding award of costs against group members' 'Power to award costs against non-parties/funders in representative proceedings' 'Appropriate disposition of costs for interlocutory applications and multiplicity hearings']

Ratio Decidendi

The Court has no power under s 43(1A) of the Federal Court of Australia Act 1976 (Cth) to order costs against a group member except as specifically authorised, and there was no basis to order costs against the non-party funder. Costs otherwise incurred by the respective applicants are the sunk costs of unsuccessful pursuit of carriage and commercial enterprise. The costs of the multiplicity dispute and interlocutory restraint application are reserved for determination upon further developments in the main proceeding. Mr Perera's application for costs against Mr Webb and TCM is dismissed.

Court Disposition

Costs of the multiplicity proceedings and interlocutory application reserved; Mr Perera's interlocutory application dismissed; parties to provide draft orders for each proceeding.

Orders

  • ['By 9 am on 19 June 2018, the parties provide draft orders reflecting these reasons and any case management hearing orders.' 'Costs of the multiplicity dispute and of the interlocutory application for temporary restraint are reserved.' 'Interlocutory application of Mr Perera dated 30 May 2018 is dismissed.']