Stewart v Uber Technologies Incorporated [2020] NSWCA 208

Stewart v Uber Technologies Incorporated [2020] NSWCA 208

Given the undertaking proffered by all defendants not to raise a defence that s 182 of the Civil Procedure Act 2005 (NSW) ceased to apply by reason of, or after, transfer of the NSW Proceedings to Victoria, Mr Stewart's communicated non-opposition to transfer on that basis, and the obvious commonality of questions between the NSW Proceedings and the Victorian Proceedings, it was appropriate to transfer the proceedings to the Supreme Court of Victoria under s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
03 September 2020
Procedural Posture
Cross Vesting in Group Proceedings / Proceedings Removed Into the Court of Appeal to Determine Whether the Supreme Court of New South Wales Should of Its Own Motion Transfer the NSW Proceedings to the Supreme Court of Victoria
Outcome
Proceeding transferred to the Supreme Court of Victoria on the defendants giving the undertaking reproduced in the reasons; no order as to costs.
Legal Topics
['cross Vesting' 'group Proceedings' 'suspension of Limitation Periods' 'transfer of Proceedings' 'representative Proceedings']
['civil Procedure' 'class Actions' 'conflict of Laws'] ['cross Vesting' 'group Proceedings' 'suspension of Limitation Periods' 'transfer of Proceedings' 'representative Proceedings']

Case Brief

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Procedural Posture

Cross Vesting in Group Proceedings / Proceedings Removed Into the Court of Appeal to Determine Whether the Supreme Court of New South Wales Should of Its Own Motion Transfer the NSW Proceedings to the Supreme Court of Victoria

Legal Issues

  1. 1 ['Whether the NSW Proceedings should be transferred to the Supreme Court of Victoria under s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).' 'Whether transfer would risk prejudice to New South Wales group members by causing s 182 of the Civil Procedure Act 2005 (NSW) to cease to apply to their claims.' 'Whether undertakings by all defendants would ameliorate any potential prejudice arising from the transfer.']

Ratio Decidendi

Given the undertaking proffered by all defendants not to raise a defence that s 182 of the Civil Procedure Act 2005 (NSW) ceased to apply by reason of, or after, transfer of the NSW Proceedings to Victoria, Mr Stewart's communicated non-opposition to transfer on that basis, and the obvious commonality of questions between the NSW Proceedings and the Victorian Proceedings, it was appropriate to transfer the proceedings to the Supreme Court of Victoria under s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Court Disposition

Proceeding transferred to the Supreme Court of Victoria on the defendants giving the undertaking reproduced in the reasons; no order as to costs.

Orders

  • ['Order that, pursuant to subsection 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) this proceeding (2020/00111269) be transferred to the Supreme Court of Victoria.' 'No order as to costs.']