Wruck v Telstra Limited [2023] FCA 932

Wruck v Telstra Limited [2023] FCA 932

Approval to discontinue the class action should be granted because the applicants have lost litigation funding, no group member is prepared to continue the litigation, and notice was properly given to group members, who did not elect to substitute themselves or object substantively. Discontinuance is not unfair or unreasonable to group members as they return to their pre-proceeding position and retain the right to bring their claims elsewhere, subject to limitation periods recommencing 60 days after the order.

Parties
First Applicant: Jodi Faylene Wruck; Second Applicant: Irwin Davis; Respondent: Telstra Limited
Jurisdiction
Australia
Judgment Date
07 August 2023
Procedural Posture
Representative Proceeding (class Action) / Application for Approval to Discontinue Proceeding
Outcome
Application to discontinue representative proceeding approved
Legal Topics
Representative Proceedings, Discontinuance, Litigation Funding, Limitation Periods, Notice to Group Members, COVID 19 Vaccination Policy
Employment and Industrial Relations Representative Proceedings Discontinuance Litigation Funding Limitation Periods Notice to Group Members COVID 19 Vaccination Policy

Case Brief

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Parties

Jodi Faylene Wruck

First Applicant

Irwin Davis

Second Applicant

Telstra Limited

Respondent

Procedural Posture

Representative Proceeding (class Action) / Application for Approval to Discontinue Proceeding

Legal Issues

  1. 1 Whether approval should be granted to discontinue a representative proceeding under s 33V(1) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the identity of the litigation funder should be treated as confidential
  3. 3 Whether notice should be given to group members of the proposed discontinuance

Ratio Decidendi

Approval to discontinue the class action should be granted because the applicants have lost litigation funding, no group member is prepared to continue the litigation, and notice was properly given to group members, who did not elect to substitute themselves or object substantively. Discontinuance is not unfair or unreasonable to group members as they return to their pre-proceeding position and retain the right to bring their claims elsewhere, subject to limitation periods recommencing 60 days after the order.

Court Disposition

Application to discontinue representative proceeding approved

Orders

  • Discontinuance of the proceeding approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth). The Applicant has leave to discontinue the proceeding by filing a notice of discontinuance forthwith.
  • Any limitation period that applies to the claim of the Applicant and any group member to which the proceeding relates shall begin to run again from a date 60 days after the making of this order.