CATCHWORDS
REPRESENTATIVE PROCEEDINGS - whether it was open to the applicants to commence proceedings for relief under the Trade Practices Act arising out of representations by the respondents in relation to various distributorship agreements with the applicants and others as a representative proceeding under Part IVA the Federal Court of Australia Act 1976 (Cth) - whether the requirements of s 33C of that Act satisfied.
REPRESENTATIVE PROCEEDINGS - whether the claims of all group members give rise to a “substantial common issue of law or fact” as required by s 33C(1)(c) - having regard to the object of Part IVA to enable groups of people to obtain redress more cheaply and efficiently and to encourage efficient use of legal and court resources, necessity to consider nature of non-common issues as well as common issues - if litigation of non-common issues will have real impact on nature and extent of preparation for and conduct of trial, common issue will not be a “substantial common issue”.
PLEADING - representative proceedings - if alleged oral or written representations made in differing words and on different occasions, necessary to plead terms of alleged representations made to various class members precisely to show that the substance and effect of the representations made to each group member is the same.
Federal Court of Australia Act 1976 (Cth) - ss 33C, 33H, 33N, Part IVA
Cases Considered
Kinna v National Australia Bank Ltd (1988) ATPR 40-878
Marks v GIO Australia Holdings Ltd (1996) ATPR 41-471
Palser v Grinling [1948] AC 291
R v Monopolies & Mergers Commission; Ex parte South Yorkshire Transport Ltd [1993] 1 WLR 23
Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees Union (1979) 42 FLR 331
Tropical Shine Holdings Pty Limited v Lake Gesture Pty Limited (1993) 45 FCR 457
Zhang v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384
BRIAN CONNELL and LILLIAN CONNELL, STUART VAN ECK and MARLENE VAN ECK, ANDREW BOUCAUT and ANNE BOUCAUT v NEVADA FINANCIAL GROUP PTY LTD & ORS
QG 135 OF 1995
DRUMMOND J
BRISBANE
5 SEPTEMBER 1996
FEDERAL COURT OF AUSTRALIA No. QG 135 of 1995
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:BRIAN CONNELL and LILLIAN CONNELL,
STUART VAN ECK and MARLENE VAN ECK,
ANDREW BOUCAUT and ANNE BOUCAUT
Applicants
AND:NEVADA FINANCIAL GROUP PTY LTD
(ACN 005 382 105)
First Respondent
AND:TREVOR PHILIP HYLAND
Second Respondent
AND:LINDA ELIZABETH DODD
Third Respondent
MINUTES OF ORDERS
JUDGE MAKING ORDER: Drummond J
DATE OF ORDER: 5 September 1996
WHERE MADE: Brisbane
THE COURT DECLARES THAT:
1. It was not open to the applicants to commence this proceeding as a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth).
2
THE COURT ORDERS THAT:
2. Within 14 days the applicants file and serve an amended statement of claim limited to the matters in issue between the six applicants and the three respondents.
3. Upon the filing of the applicants’ amended statement of claim, the proceedings be transferred…
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- Case
- [1996] FCA 801
- Decision Date
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