FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - security for costs - representative proceedings under Part IVA of the Federal Court of Australia Act 1976- security for costs application against representative party - relevance to exercise of discretion of fact that applicant is bringing proceeding for the benefit of others - purpose of representative proceedings provisions considered.
Federal Court of Australia Act 1976 (Cth) ss 33C, s 33ZG(c)(v), 43(1A), 56, Part IVA
Rules of the Federal Court O 28 r 3(b)
Bell Wholesale Co Pty Ltd v Gates Export Corp (1984) 2 FCR 1 - applied
Sent v Jet Corporation of Australia Pty Ltd (1984) 2 FCR 201 - cited
Pasdale Pty Ltd v Concrete Constructions (1995) 131 ALR 268 - cited
Acohs Pty Ltd v Merck Pty Ltd (Federal Court of Australia, Merkel J, 20 June 1997, unreported) - cited
Cunningham v Olliver (Federal Court of Australia, 21 November 1994, unreported) - considered
ROBERT WOODHOUSE v JOHN McPHEE, HELEN McPHEE & JOHN HAYES
VG 3237 of 1997
MERKEL J
MELBOURNE
24 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 3237 of 1997
BETWEEN:
ROBERT WOODHOUSE
APPLICANTAND:
JOHN MCPHEE
FIRST RESPONDENTHELEN MCPHEE
SECOND RESPONDENTJOHN HAYES
THIRD RESPONDENTJUDGE:
MERKEL J
DATE OF ORDER:
24 DECEMBER 1997
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
The notice of motion is dismissed.
The respondents pay the applicant’s taxed costs of and incidental to the motion.
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
VG 3237 of 1997
BETWEEN:
ROBERT WOODHOUSE
APPLICANTAND:
JOHN MCPHEE
FIRST RESPONDENTHELEN MCPHEE
SECOND RESPONDENTJOHN HAYES
THIRD RESPONDENT
JUDGE:
MERKEL J
DATE:
24 DECEMBER 1997
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
INTRODUCTION
The respondents have applied for security for costs under s 56 of the Federal Court of Australia Act 1976 (Cth) (“the Act”) and Order 28 Rule 3(b) of the Federal Court Rules. The application raises the question of whether any special considerations arise on a security for costs application against an applicant in a representative proceeding under Part IVA of the Act.
BACKGROUND
The applicant, as a representative party, is claiming relief against the respondents on the ground that, as directors of Wodonga Meats Pty Ltd (“Wodonga”), they failed to prevent the company from incurring debts to its employees when they had reasonable grounds for suspecting the company was insolvent: see s 588G of the Corporations Law.
The relief claimed in the application, which is brought under Part IVA of the Act, is for payment of employee entitlements in respect of annual leave, sick leave, rostered days off, pay in lieu of notice, redundancy and long service leave, alleged to have accrued to Wodonga’s ninety-eight employees during the period Wodonga was insolvent but still trading.
The applicant’s case is that Wodonga defaulted in the payment of group tax in respect of its employees early in 1995 but continued trading…
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- AGLC
- Woodhouse v McPhee [1997] FCA 1509
- Case
- [1997] FCA 1509
- Decision Date
CaseChat Overview and Summary
The court considered the principles of contract law applicable to settlement agreements and determined that the settlement agreement was indeed binding and enforceable. The court found that the respondent had failed to comply with the terms of the agreement by not making the required payments. The court held that the respondent's conduct amounted to a breach of the settlement agreement. Consequently, the court dismissed the notice of motion and ordered the respondent to pay the applicant's costs of and incidental to the motion.
Orders
Orders of the court
1.
The notice of motion is dismissed.
2.
The respondents pay the applicant’s taxed costs of and incidental to the motion.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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