Gothard v Davey

Gothard v Davey is a case in which the Federal Court was asked to determine whether the Court should allow a respondent to represent others in proceedings. The applicants in the case were receivers and managers of certain companies, and they sought to appoint one of the respondents as a representative to act on behalf of all the respondents. The legal issue the Court had to decide was whether the Court should exercise its discretion to allow one respondent to represent the others in the proceedings. The Court held that it should do so, finding that the respondents had the same interest in the proceedings, and that allowing one respondent to represent the others would facilitate the administration of justice. The Court also found that the representative proceeding would not prejudice any of the respondents, and that it would be in the interests of justice to allow the representative proceeding. The Court therefore made the orders the applicants sought.