Kim v Wang (No 2) [2023] FCAFC 122

Kim v Wang (No 2) [2023] FCAFC 122

Because the issue of contravening conduct had been determined adversely to Mr Kim but the balance of issues in his individual claim had not been addressed by the primary judge, the remaining issues necessary to resolve that claim should be remitted to a new trial Judge without limitation. The resolution of any individual group member claims and related case management issues should also be left to the new trial Judge under Pt IVA of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
03 August 2023
Procedural Posture
Appeal / Consequential Orders on Remitter Determined on the Papers
Outcome
Consequential orders made remitting Mr Kim's individual claim and the balance of the proceedings to a trial Judge, and ordering payment out of security for costs to the appellant's solicitor.
Legal Topics
['remitter' 'representative Proceedings' 'group Member Claims' 'security for Costs']
['practice and Procedure'] ['remitter' 'representative Proceedings' 'group Member Claims' 'security for Costs']

Case Brief

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Procedural Posture

Appeal / Consequential Orders on Remitter Determined on the Papers

Legal Issues

  1. 1 ['What orders should be made as to the resolution of individual claims of group members.' 'What orders should be made as to the individual claim of the appellant.' "Whether amounts paid into Court as security for costs should be paid to the appellant's solicitor."]

Ratio Decidendi

Because the issue of contravening conduct had been determined adversely to Mr Kim but the balance of issues in his individual claim had not been addressed by the primary judge, the remaining issues necessary to resolve that claim should be remitted to a new trial Judge without limitation. The resolution of any individual group member claims and related case management issues should also be left to the new trial Judge under Pt IVA of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Consequential orders made remitting Mr Kim's individual claim and the balance of the proceedings to a trial Judge, and ordering payment out of security for costs to the appellant's solicitor.

Orders

  • ['The individual claim for compensation by the representative applicant be remitted to a trial Judge to determine, in conformity with the judgment of the Full Court, any entitlement to statutory compensation or other relief.' 'The balance of the proceedings, including the conduct of any group member claims, be...