Full Court Minute Books

Case S152/2019

BMW Australia Ltd v. Brewster & Anor

Case No.

S152/2019

Case Information

Lower Court Judgment

1/03/2019 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Ward JA, Leeming JA)

[2019] NSWCA 35

Catchwords

Constitutional law – Separation of powers – Acquisition of property on just terms – “Common fund order” in class action proceeding – Where Brewster is representative plaintiff in class action against BMW Australia Ltd – Whether Court of Appeal erred in concluding that s 183 of Civil Procedure Act 2005 (NSW) (“CPA”) on its proper construction empowered the Supreme Court of New South Wales to make common fund order – Whether Court of Appeal erred in failing to conclude that insofar as s 183 of CPA empowered making of common fund order it was not picked up by s 79 of Judiciary Act 1903 (Cth) because that would infringe Chapter III and/or s 51(xxxi) of Constitution.

Documents*

15/05/2019 Determination (SLA, Canberra)

24/05/2019 Notice of appeal

24/05/2019 Notice of constitutional matter (Appellant)

19/06/2019 Written submissions (Appellant)

19/06/2019 Chronology (Appellant)

23/07/2019 Written submissions (First Respondent)

29/07/2019 Written submissions (Attorney-General of the Commonwealth intervening)

29/07/2019 Written submissions (Attorney-General for the State of Victoria intervening)

29/07/2019 Written submissions (Attorney-General for the State of Queensland intervening)

29/07/2019 Written submissions (Attorney-General for Western Australia intervening)

01/08/2019 Notice of constitutional matter (Attorney-General for the State of Queensland intervening)

05/08/2019 Reply

09/08/2019 Amended written submissions (Attorney-General for the State of Queensland intervening)

13/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

13/08/2019 Outline of oral argument (Appellant)

14/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

14/08/2019 Outline of oral argument (First Respondent)

14/08/2019 Outline of oral argument (Attorney-General of the Commonwealth intervening)

14/08/2019 Outline of oral argument (Attorney-General of the State of Queensland intervening)

14/08/2019 Outline of oral argument (Attorney-General for the State of Western Australia intervening)