Woodlands, B.M. & Anor v Permanent Trustee Company Ltd & Ors [1995] FCA 548

C A T C H W O R D S PRACTICE AND PROCEDURE - Costs - Application for fixing of maximum costs recoverable in proceedings on a party and party basis - Nominal sum sought - Three proceedings including two proceedings in a representative capacity - Issues of potential importance to thousands of borrowers - Deterrent effect on applicants of exposure to adverse costs orders - Applicants legally assisted - State legislation providing immunity from adverse costs orders - Question of applicability of that legislation - Relevance of public interest element - Effect on respondents of proceedings being brought in Federal Court rather than a State court - Conditional order made. Federal Court rules, Order 62A. Legal Aid Commission Act 1979, (NSW) s47. No. NG 660 of 1994 BESSIE MAVIS WOODLANDS and LILIAN MAY BALLARD (as representative parties on their own behalf and on behalf of certain other interested persons) v. PERMANENT TRUSTEE COMPANY LIMITED, FANMAC LIMITED, STATE OF NEW SOUTH WALES, PERMANENT CUSTODIANS LIMITED, FAIRDALE CO-OPERATIVE HOUSING SOCIETY and CO-OPERATIVE HOUSING SOCIETIES ASSOCIATION OF NEW SOUTH WALES NO. NG 835 of 1994 MICHAEL REGINALD BASS and EVELYN MAUDE BASS v. PERMANENT TRUSTEE COMPANY LIMITED, FANMAC LIMITED, STATE OF NEW SOUTH WALES,PERMANENT CUSTODIANS LIMITED, LIVERPOOL-INGLEBURN CO-OPERATIVE HOUSING SOCIETY, MARKHAM, GEIKIE & RUMORE, CO-OPERATIVE HOUSING SOCIETIES ASSOCIATION OF NEW SOUTH WALES, THE ESTATE OF ANTHONY MARKHAM

NO. NG 928 of 1994 PAULA CONCA and MARCELO ALBERTO CONCA (as representative parties on their own behalf and on behalf of certain other interested persons) v. PERMANENT TRUSTEE COMPANY LIMITED,FANMAC LIMITED, STATE OF NEW SOUTH WALES, PERMANENT CUSTODIANS LIMITED, MERRYLANDS CO-OPERATIVE HOUSING SOCIETY, LIVERPOOL-INGLEBURN CO-OPERATIVE HOUSING SOCIETY, CO-OPERATIVE HOUSING SOCIETIES ASSOCIATION OF NEW SOUTH WALES, KEN LONG (trading as Long & Company) CORAM: WILCOX J PLACE: SYDNEY DATE: 27 JULY 1995