BMW Australia Ltd v Brewster

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJMatter No S152/2019BMW AUSTRALIA LTD  APPELLANTANDOWEN BREWSTER & ANOR  RESPONDENTSMatter No S154/2019WESTPAC BANKING CORPORATION & ANOR  APPELLANTSANDGREGORY JOHN LENTHALL & ORS  RESPONDENTSBMW Australia Ltd v BrewsterWestpac Banking Corporation v Lenthall[2019] HCA 45Date of Hearing: 13 & 14 August 2019Date of Judgment: 4 December 2019S152/2019 & S154/2019ORDERMatter No S152/20191.Appeal allowed.2.Set aside the orders made by the Court of Appeal of the Supreme Court of New South Wales on 1 March 2019 and 22 March 2019 and, in their place, order that:(a)the question stated for separate determination be answered: "No"; and(b)the first respondent pay the applicant's costs of the application for, and the hearing of, the separate question.3.The first respondent pay the appellant's costs of the appeal to this Court.Matter No S154/20191.Appeal allowed.2.Set aside orders 3 and 4 made by the Full Court of the Federal Court of Australia on 1 March 2019 and, in their place, order that:(a)the appeal be allowed;(b)orders 1 and 2 made by Lee J on 28 September 2018 be set aside and, in their place, the application for a common fund order be dismissed with costs; and(c)the respondents pay the appellants' costs of the appeal.3.The respondents pay the appellants' costs of the appeal to this Court.On appeal from the Supreme Court of New South Wales (S152/2019) and the Federal Court of Australia (S154/2019)RepresentationJ K Kirk SC with T O Prince for the appellant in S152/2019 (instructed by Ashurst Australia)J C Sheahan QC with E Holmes and...