Bray v F Hoffmann-La Roche Ltd [2003] FCAFC 153

Bray v F Hoffmann-La Roche Ltd [2003] FCAFC 153

The Full Court held that for service outside the jurisdiction, it is sufficient that the applicant show a prima facie case for the relief sought, not for every cause of action. Security for costs should not generally be ordered unless there is evidence of strategic selection of an impecunious applicant or group members of substance standing behind the action. The requirements of s 33C(1) of the Federal Court Act mean that each group member must have a claim against each respondent, but the correct interpretation is disputed and the pleadings may be amended. Orders made at first instance on security for costs and on the continuation of the representative proceeding were partially set aside...

Jurisdiction
Australia
Judgment Date
15 July 2003
Procedural Posture
Application for Leave to Appeal; Interlocutory Appeals / Full Court Judgment on Leave to Appeal From Interlocutory Orders
Outcome
Appeal partially allowed and partially dismissed. Orders for remitter and costs made.
Legal Topics
['security for Costs' 'service Outside Jurisdiction' 'representative Proceedings Requirements' 'trade Practices Act—extraterrestrial Operation']
['competition Law' 'civil Procedure' 'representative Proceedings'] ['security for Costs' 'service Outside Jurisdiction' 'representative Proceedings Requirements' 'trade Practices Act—extraterrestrial Operation']

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Procedural Posture

Application for Leave to Appeal; Interlocutory Appeals / Full Court Judgment on Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a representative party in a class action' 'The requirements for leave to serve process out of jurisdiction under O 8 r 2(2) of the Federal Court Rules; does the applicant need a prima facie case for all causes of action?' 'Jurisdiction of the Federal Court under s 5(1) and s 45 of the Trade Practices Act 1974 (Cth) regarding conduct by foreign companies' 'Construction of s 33C(1) of the Federal Court of Australia Act—must every group member have a claim against every respondent?' 'Whether a substantial common issue of law or fact exists for a representative proceeding']

Ratio Decidendi

The Full Court held that for service outside the jurisdiction, it is sufficient that the applicant show a prima facie case for the relief sought, not for every cause of action. Security for costs should not generally be ordered unless there is evidence of strategic selection of an impecunious applicant or group members of substance standing behind the action. The requirements of s 33C(1) of the Federal Court Act mean that each group member must have a claim against each respondent, but the correct interpretation is disputed and the pleadings may be amended. Orders made at first instance on security for costs and on the continuation of the representative proceeding were partially set aside...

Court Disposition

Appeal partially allowed and partially dismissed. Orders for remitter and costs made.

Orders

  • ['Leave to appeal granted to specified appellants against nominated paragraphs of prior orders.' 'Appeals relating to leave granted by paragraph 1 dismissed with costs.' 'Leave to appeal granted to certain appellants against other paragraphs of a later order.' 'Leave to appeal granted to Aventis Animal Nutrition Pty...