9-4-21 / Nicholas Andreatidis KC, Mei Barnes — Class Actions
This case is the first proceeding tried as a class action under Part 13A of the Civil Proceedings Act 2010 (Qld). The plaintiffs were crop farmers who had purchased and planted seed produced by the defendant seed company. The plaintiffs sought damages for negligence and misleading and deceptive conduct in…
Murphy Operator & Ors v Gladstone Ports Corporation (No 8) [2021] QSC 57 15
19-3-21 / Damian Clothier KC, Michael May — Class Actions
This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be…
Murphy Operator & Ors v Gladstone Ports Corporation (No 7) [2021] QSC 18
12-2-21 / Damian Clothier KC, Michael May — Class Actions
The plaintiffs in a class action applied to modify the rule which abrogates privilege in respect of expert reports, so that a group-wide loss report obtained for the purposes of mediation would maintain its without prejudice privilege. The court concluded that to dispense with the requirement for mediation reports to…
This case confirms that litigation funding agreements in the context of class actions – which give funders a right to be paid an amount equal to a portion of any recovery by the plaintiffs – are not unenforceable by reason of public policy. In dismissing an appeal from a decision…
Ingram as trustee for the Ingram Superannuation Fund v Ardent Leisure Limited (No 2) [2020] FCA 1390
9-10-20 / James Green — Corporations, Class Actions
This case concerned the appropriate costs order on an application under s 247A of the Corporations Act 2001 (Cth) for disclosure of documents for the purpose of determining the economic viability of proceeding with a class action. James Green (led by W Edwards) appeared for the Applicant, instructed by Piper…
