Kirby v Centro Properties Limited [2008] FCA 1505

Kirby v Centro Properties Limited [2008] FCA 1505

The only relevant criterion for determining which of several competing class actions should proceed is the best interest of the group members as a whole. As it is not presently possible to determine where those best interests lie, and as accepting the application for a stay may prejudice group members without their input or proper safeguards, the application for a stay of the Vlachos proceeding is refused. The Court will consider the appointment of a litigation committee to ensure that group members' interests are protected.

Parties
Applicant: Richard Kirby; Respondent: Centro Properties Limited; Respondent: CPT Manager Limited; Respondent: Centro Retail Limited; Respondent: Centro MCS Manager Limited; Applicant: Nicholas Vlachos; Applicant: Monatex Pty Ltd; Applicant: Ramon Franco
Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Representative Proceeding (class Action) / Interlocutory Application—application for Stay of Proceeding and Consideration of Case Management of Related Class Actions
Outcome
The respondents' application for a stay of the Vlachos action is dismissed. Parties are granted leave to file submissions regarding the possible establishment of a litigation committee. Costs are reserved.
Legal Topics
Class Actions, Representative Proceedings, Consolidation and Case Management, Stay of Proceedings, Appointment of Litigation Committee, Conflict of Interest in Class Actions
Practice and Procedure Securities Law Civil Procedure Class Actions Representative Proceedings Consolidation and Case Management Stay of Proceedings Appointment of Litigation Committee +1 more

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Parties

Richard Kirby

Applicant

Centro Properties Limited

Respondent

CPT Manager Limited

Respondent

Centro Retail Limited

Respondent

Centro MCS Manager Limited

Respondent

Nicholas Vlachos

Applicant

Monatex Pty Ltd

Applicant

Ramon Franco

Applicant

Procedural Posture

Representative Proceeding (class Action) / Interlocutory Application—application for Stay of Proceeding and Consideration of Case Management of Related Class Actions

Legal Issues

  1. 1 Whether multiple class actions raising the same issues should be permitted to proceed
  2. 2 Relevant considerations in staying, consolidating, or conducting a joint trial of concurrent class actions
  3. 3 Whether interests of lawyers, litigation funders, or sequence of filing are relevant

Ratio Decidendi

The only relevant criterion for determining which of several competing class actions should proceed is the best interest of the group members as a whole. As it is not presently possible to determine where those best interests lie, and as accepting the application for a stay may prejudice group members without their input or proper safeguards, the application for a stay of the Vlachos proceeding is refused. The Court will consider the appointment of a litigation committee to ensure that group members' interests are protected.

Court Disposition

The respondents' application for a stay of the Vlachos action is dismissed. Parties are granted leave to file submissions regarding the possible establishment of a litigation committee. Costs are reserved.

Orders

  • Respondents' application for a stay in VID 366 of 2008 is dismissed.
  • Parties are to file and serve written submissions prior to 29 October 2008 on whether and, if so, how a litigation committee should be appointed and its powers.