BMW Australia Ltd v BrewsterWestpac Banking Corporation v LenthallCitation:[2019] HCA 45Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:04 Dec 2019Case Number:S152/2019, S154/2019Read more
The statutory provisions do not empower the Federal Court of Australia or the Supreme Court of New South Wales to make common fund orders in representative proceedings.
- Parties
- Applicant: Unknown Applicants; Respondent: Unknown Respondents
- Jurisdiction
- Australia
- Judgment Date
- 04 December 2019
- Procedural Posture
- Representative Action / Judgment
- Outcome
- applications for common fund orders dismissed
- Legal Topics
- Representative Proceedings, Common Fund Orders, Litigation Funding
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown Applicants
Applicant
Unknown Respondents
Respondent
Procedural Posture
Representative Action / Judgment
Legal Issues
- 1 Whether s 33ZF of the Federal Court of Australia Act 1976 (Cth) and s 183 of the Civil Procedure Act 2005 (NSW) empower the Federal Court of Australia and the Supreme Court of New South Wales to make common fund orders in representative proceedings
Ratio Decidendi
The statutory provisions do not empower the Federal Court of Australia or the Supreme Court of New South Wales to make common fund orders in representative proceedings.
Court Disposition
applications for common fund orders dismissed
Orders
- No common fund orders to be made
Full Case Text
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