Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 3) [2017] FCA 450

Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited; In the Matter of Treasury Wine Estates Limited (No 3) [2017] FCA 450

Because MCI's proceeding remained permanently stayed after the Court declined to reopen the permanent stay order, and because MCI ought not initiate communications with group members while the stay remained in place, the proposed restraint orders and the proffered undertakings were unnecessary and inappropriate. The interlocutory application was therefore dismissed, with costs to be costs in the proceeding.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Representative Proceeding / Class Action in the Commercial and Corporations National Practice Area / Interlocutory Application by Brian Jones for Orders Under S 33 ZF of the Federal Court of Australia Act 1976 (cth) Restraining Communications With Group Members; Heard on 5 April 2017 and Thereafter Decided on the Papers
Outcome
Brian Jones' interlocutory application dismissed.
Legal Topics
['communications With Group Members' 'section 33 ZF Orders' 'permanent Stay' 'interlocutory Application' 'undertakings']
['civil Procedure' 'representative Proceedings' 'commercial and Corporations' 'corporations and Corporate Insolvency'] ['communications With Group Members' 'section 33 ZF Orders' 'permanent Stay' 'interlocutory Application' 'undertakings']

Case Brief

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Procedural Posture

Representative Proceeding / Class Action in the Commercial and Corporations National Practice Area / Interlocutory Application by Brian Jones for Orders Under S 33 ZF of the Federal Court of Australia Act 1976 (cth) Restraining Communications With Group Members; Heard on 5 April 2017 and Thereafter Decided on the Papers

Legal Issues

  1. 1 ['Whether the Court should make orders under s 33ZF restraining MCI and BSL from communicating with Jones group members except under a communications protocol.' 'Whether undertakings offered by MCI and BSL adequately addressed the concerns raised by Brian Jones and TWE.' "What effect the refusal to reopen the permanent stay of MCI's proceeding had on the need for communication restraint orders."]

Ratio Decidendi

Because MCI's proceeding remained permanently stayed after the Court declined to reopen the permanent stay order, and because MCI ought not initiate communications with group members while the stay remained in place, the proposed restraint orders and the proffered undertakings were unnecessary and inappropriate. The interlocutory application was therefore dismissed, with costs to be costs in the proceeding.

Court Disposition

Brian Jones' interlocutory application dismissed.

Orders

  • ['The Interlocutory Application filed by Brian Jones on 3 April 2017 be dismissed.' 'The costs of and incidental to that Application be costs in the proceeding.']