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[2020] FCA 1848
Federal Court of Australia
2020-12-21
Mr P, Greenwood J
Original judgment source is linked above.
GREENWOOD J: 1 These proceedings are concerned with interim arrangements in relation to an application made in the principal proceeding commenced by Coeur De Lion Investments Pty Limited by Butlime Pty Ltd ("Butlime"), Sovori Pty Ltd ("Sovori") and Renlana Pty Limited ("Renlana"). 2 Each applicant seeks to apply pursuant to Order 4 of the orders made on 23 November 2020. The background to those orders of 23 November 2020 is set out in Coeur De Lion Investments Pty Limited v The President's Club Limited (No 2) [2020] FCA 1705. Those orders have the effect of resolving a series of actions including the class action proceeding: QUD 734 of 2019. As to that matter, see [19] and [51]-[55] of the reasons mentioned at [2] of these reasons. 3 In the ordinary course, in the context of making orders for the conduct of the applications, it would not be necessary to provide the parties with reasons for those orders. However, I simply want to mention some background matters that ought not to be lost at the very outset. First, it seems to me important to note that Butlime, Sovori and Renlana are members of the class whose claims were settled by reason of the orders and the Deed of Settlement. They are not parties standing outside the closed class. It seems to me important to note that matter when considering the present application and the various contentions which emerged at the case management hearing on Friday, 18 December 2020 as to the scope and characterisation of the orders. Second, as the parties begin to engage on these various directions, costs are likely to become a significant matter. I do not wish to add anything further. 4 As to the proposed timetable for the resolution of the present application, the timetable will be set out in the orders recited with these reasons. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Greenwood.
SCHEDULE OF PARTIES QUD 79 of 2020 Defendants Second Defendant PATRICK JOHN KELLY Third Defendant IAN GEORGE LEWIS Fourth Defendant BRUCE MURDOCH WALLIS Fifth Defendant COLIN WAYNE OWEN Sixth Defendant MAREE KAY FRECKLINGTON Applicants First Applicant BUTLIME PTY LTD ACN 060 658 522 ATF THE BUTLIME TRUST Second Applicant SOVORI PTY LTD ACN 002 875 381 Third Applicant RENLANA PTY LIMITED ACN 003 121 686
Coeur De Lion Investments Pty Limited
The President's Club Limited