Kirby v Centro Properties Limited [2010] FCA 1115

Kirby v Centro Properties Limited [2010] FCA 1115

Leave to join PwC as a respondent and to amend statements of claim was allowed in the CNP and CER proceedings, as group members and applicants had claims against the proposed respondent, complying with s 33C(1) as construed in Philip Morris. Leave to add PwC Securities as a respondent and Nicholas Stott as applicant in CER, and to join PwC in the Vlachos proceeding, was refused because not all group members/applicants had claims against those proposed respondents, failing the Philip Morris requirement.

Jurisdiction
Australia
Judgment Date
15 October 2010
Procedural Posture
Motions for Leave to Amend and Join Parties in Representative (class Action) Proceedings / Interlocutory; Decision on Motions for Leave to Amend and Join Parties
Outcome
Motions for leave to join PwC as a respondent in the CNP and CER proceedings granted with amendments. Motions to join PwC Securities and Nicholas Stott in CER, and PwC in Vlachos proceeding, refused. Costs reserved.
Legal Topics
['pt IVA of the Federal Court Act – Representative Proceedings' 'requirements of S 33 C(1) for Class Actions' 'amendment of Pleadings in Class Actions' 'joinder of Parties' 'corporate Audit Obligations and Representations']
['civil Procedure' 'class Actions' 'corporations Law'] ['pt IVA of the Federal Court Act – Representative Proceedings' 'requirements of S 33 C(1) for Class Actions' 'amendment of Pleadings in Class Actions' 'joinder of Parties' 'corporate Audit Obligations and Representations']

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Procedural Posture

Motions for Leave to Amend and Join Parties in Representative (class Action) Proceedings / Interlocutory; Decision on Motions for Leave to Amend and Join Parties

Legal Issues

  1. 1 ['Whether leave should be granted to add PricewaterhouseCoopers or PwC Securities as respondents to ongoing representative proceedings under Pt IVA of the Federal Court Act' "Whether group members/applicants have 'claims' as required by s 33C(1) of the Act sufficient to maintain actions against proposed respondents" 'Effect and correctness of Philip Morris (Australia) Ltd v Nixon on requirement for claims against all respondents' 'Whether proposed amendments properly plead causation, reliance, and statutory contraventions']

Ratio Decidendi

Leave to join PwC as a respondent and to amend statements of claim was allowed in the CNP and CER proceedings, as group members and applicants had claims against the proposed respondent, complying with s 33C(1) as construed in Philip Morris. Leave to add PwC Securities as a respondent and Nicholas Stott as applicant in CER, and to join PwC in the Vlachos proceeding, was refused because not all group members/applicants had claims against those proposed respondents, failing the Philip Morris requirement.

Court Disposition

Motions for leave to join PwC as a respondent in the CNP and CER proceedings granted with amendments. Motions to join PwC Securities and Nicholas Stott in CER, and PwC in Vlachos proceeding, refused. Costs reserved.

Orders

  • ['Leave to the applicant in the CNP proceeding to join PwC as a respondent and amend the statement of claim as specified.' 'Leave to the applicant in the CER proceeding to join PwC as a respondent and amend the statement of claim as specified, but not to join Nicholas Stott or PwC Securities.' 'Leave to insert...