Lloyd v Belconnen Lakeview Pty Ltd (No 2) [2020] FCA 698

Lloyd v Belconnen Lakeview Pty Ltd (No 2) [2020] FCA 698

Once the s 33C gateway is satisfied at commencement, s 33C performs no further role; applications seeking to dismiss a class action for subsequent loss of 'jurisdiction' under s 33C(1)(c) are misconceived. The discretion to declass under s 33N is separate and is properly exercised after determination of common issues, but should be deferred if an appeal is likely. In allocating costs, regard must be had to the overarching purpose and efficient case management; partial success by the applicant and wasted costs are to be evaluated in context.

Parties
Applicant: Susan Margaret Lloyd; First Respondent: Belconnen Lakeview Pty Ltd ACN 127 550 029; Second Respondent: John Kinloch Hindmarsh; Third Respondent: Gerald John Ryan
Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Representative Proceeding (class Action) / Post Trial Orders and Disposition
Outcome
Judgment for applicant in part; proceeding against second and third respondents dismissed; costs orders as specified; first respondent's interlocutory application dismissed; costs to be assessed on a lump-sum basis.
Legal Topics
Federal Court of Australia Act 1976 (cth) Part IVA, Section 33 ZB Orders, Section 33 C Jurisdiction, Section 33 N Declassing, Costs Discretion, Misleading and Deceptive Conduct, Unconscionable Conduct, Restitutionary Claims
Representative Proceedings Contract Law Consumer Law Restitution Equity Federal Court of Australia Act 1976 (cth) Part IVA Section 33 ZB Orders Section 33 C Jurisdiction +5 more

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Parties

Susan Margaret Lloyd

Applicant

Belconnen Lakeview Pty Ltd ACN 127 550 029

First Respondent

John Kinloch Hindmarsh

Second Respondent

Gerald John Ryan

Third Respondent

Procedural Posture

Representative Proceeding (class Action) / Post Trial Orders and Disposition

Legal Issues

  1. 1 Whether a continuing 'jurisdiction' requirement exists in s 33C of the Federal Court of Australia Act 1976 (Cth) after commencement of a representative proceeding
  2. 2 Whether the proceeding should be declassed under s 33N of the Federal Court of Australia Act 1976 (Cth)
  3. 3 Appropriate form of s 33ZB orders

Ratio Decidendi

Once the s 33C gateway is satisfied at commencement, s 33C performs no further role; applications seeking to dismiss a class action for subsequent loss of 'jurisdiction' under s 33C(1)(c) are misconceived. The discretion to declass under s 33N is separate and is properly exercised after determination of common issues, but should be deferred if an appeal is likely. In allocating costs, regard must be had to the overarching purpose and efficient case management; partial success by the applicant and wasted costs are to be evaluated in context.

Court Disposition

Judgment for applicant in part; proceeding against second and third respondents dismissed; costs orders as specified; first respondent's interlocutory application dismissed; costs to be assessed on a lump-sum basis.

Orders

  • Judgment entered for the applicant in the amount of $29,914.50 (comprising $23,379.50 plus $6,535 interest).
  • Court makes s 33ZB findings, binding parties and group members not opted out.