Owen Brewster v BMW Australia Ltd [2018] NSWSC 1602

Owen Brewster v BMW Australia Ltd [2018] NSWSC 1602

There is a discrete question of law of public importance regarding the Court's power to make a common fund order in representative proceedings, which is appropriate for separate determination and removal to the Court of Appeal for authoritative resolution.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Representative Proceedings (class Action) / Interlocutory Application for Separate Question and Removal to Court of Appeal
Outcome
Application for separate question granted with removal to the Court of Appeal; orders made on 22 October 2018.
Legal Topics
['class Actions' 'representative Proceedings' 'common Fund Orders' 'separate Questions' 'removal to Court of Appeal']
['civil Procedure'] ['class Actions' 'representative Proceedings' 'common Fund Orders' 'separate Questions' 'removal to Court of Appeal']

Case Brief

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Procedural Posture

Representative Proceedings (class Action) / Interlocutory Application for Separate Question and Removal to Court of Appeal

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has power to make a common fund order in representative proceedings' 'Whether it is appropriate in the circumstances to remove the separate question to the Court of Appeal']

Ratio Decidendi

There is a discrete question of law of public importance regarding the Court's power to make a common fund order in representative proceedings, which is appropriate for separate determination and removal to the Court of Appeal for authoritative resolution.

Court Disposition

Application for separate question granted with removal to the Court of Appeal; orders made on 22 October 2018.

Orders

  • ['A separate question is to be determined: whether the Supreme Court has power to make a common fund order in these representative proceedings.' 'The proceedings are to be removed to the Court of Appeal for determination of the separate question.']