Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harris v Milfull [2002] FCAFC 442 PRACTICE AND PROCEDURE – appeals – leave to appeal against interlocutory orders – whether decision attended by sufficient doubt to warrant consideration of point by Full Court – whether substantial injustice would result if leave refused – whether other considerations arose which would militate for or against granting leave to appeal CORPORATIONS – shareholders – derivative actions – whether shareholder and company can sue third party concurrently – where shareholder has suffered personal loss – whether shareholder can sue for personal loss where that loss is reflective of a loss suffered by the company
Trade Practices Act 1974 (Cth) s 82
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 considered Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] 1 Ch 204 considered Gould v Vaggelas (1983-1985) 157 CLR 215 considered Christensen v Scott [1996] 1 NZLR 273 considered Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1 considered ERNEST GEORGE HARRIS and WILSON JOSEPH WILDE AND COOPERS & LYBRAND (A Partnership) v TERRENCE JOHN MILFULL Q 58 OF 2002 DRUMMOND, COOPER & DOWSETT JJ 23 DECEMBER 2002 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 58 OF 2002
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ERNEST GEORGE HARRIS and WILSON JOSEPH WILDE
FIRST APPELLANTS
COOPERS & LYBRAND (A Partnership)
SECOND APPELLANTS
AND: TERRENCE JOHN MILFULL
RESPONDENT
JUDGES: DRUMMOND, COOPER & DOWSETT JJ
DATE OF ORDER: 23 DECEMBER 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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