Williams v FAI Home Security Pty Ltd

FEDERAL COURT OF AUSTRALIA

Williams v FAI Home Security Pty Ltd [1999] FCA 1771

PRACTICE AND PROCEDURE –Pt IVA Federal Court of Australia Act 1976 (Cth) representative proceeding – pleadings – degree of precision required in pleadings – need for group members and respondents to understand the nature of the case.

Federal Court Rules:  O 20 r2, O 11 r16
Federal Court of Australia Act 1976 (Cth): s 33C(1)

Bright v Femcare [1999] FCA 1377 followed
Harrison v Lidoform Pty Ltd (Hely J, 24 November 1998, unreported) followed

TIMOTHY WILLIAMS and SUSAN WILLIAMS v FAI HOME SECURITY PTY LTD & ANOR

V 383 of 1999

GOLDBERG J
14 DECEMBER 1999
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 383 of 1999

BETWEEN:

TIMOTHY WILLIAMS and SUSAN WILLIAMS
Applicant

AND:

FAI HOME SECURITY PTY LTD
(ACN 050 064 214)
First Respondent

FAI FINANCE PTY LTD
(ACN 053 262 561)
Second Respondent

JUDGE:

GOLDBERG J

DATE OF ORDER:

14 DECEMBER 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The applicants have leave to file and serve a further amended statement of claim by 4.00 pm on 22 December 1999.

2.The applicants file and serve by 4.00 pm on 22 December 1999 further and better particulars of paras 9, 11, 16 and 18 of the amended statement of claim or of such paragraphs as are equivalent paragraphs in any further amended statement of claim.

3.        The respondents file and serve an amended defence by 4.00 pm on 31 January 2000.

4.The directions hearing be adjourned to 2 February 2000.

5.Any costs thrown away by the filing and service of a further amended statement of claim be reserved.

6.The applicants pay the respondents’ costs of the amended notice of motion filed 30 November 1999.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 383 of 1999

BETWEEN:

TIMOTHY WILLIAMS and SUSAN WILLIAMS
Applicant

AND:

FAI HOME SECURITY PTY LTD
(ACN 050 064 214)
First Respondent

FAI FINANCE PTY LTD
(ACN 053 262 561)
Second Respondent

JUDGE:	GOLDBERG J
DATE:	14 DECEMBER 1999
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

HIS HONOUR:  

1. The respondents have sought by an amended notice of motion filed on 30 November 1999 to have various paragraphs of the amended statement of claim struck out pursuant to O 20 r2 or O 11 r16 of the Federal Court Rules. Alternatively, they seek pursuant to those Orders and s 33C(1) of the Federal Court of Australia Act 1976 (Cth) to have the amended application and the amended statement of claim struck out. Alternatively, they seek further and better particulars of the applicants’ further and better particulars which are dated 10 November 1999. As discrete relief, they seek that the names of the group members contained in a confidential communication from the applicants’ solicitors to the respondents’ solicitors be disclosed to them.

2. The proceeding is brought pursuant to the provisions of Pt IVA…