Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - Representative proceedings - Proceeding claiming damages in respect of losses flowing from contamination of cattle by a chemical - Eight distributors joined as respondents - Applicants' personal claim only against first respondent - Competency of proceedings against remaining respondents - Whether it is necessary in a representative action that the representative party have a personal claim against all respondents. Federal Court of Australia Act 1976, ss 33C and 33D NG 581 of 1996 LEONARD THOMAS SYMINGTON and PATRICIA ANN SYMINGTON v HOECHST SCHERING AGREVO PTY LIMITED, ICI AUSTRALIA OPERATIONS PTY LIMITED, RHONE-POULENC RURAL AUSTRALIA PTY LIMITED, NUFARM LIMITED, INCITEC LIMITED, DAVIDSON INDUSTRIES PTY LIMITED and FARMOZ CHEMICALS PTY LIMITED
JUDGE: WILCOX J
DATE: 4 SEPTEMBER 1997
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 581 of 1996
BETWEEN: LEONARD THOMAS SYMINGTON and PATRICIA ANN SYMINGTON
ApplicantS
AND: HOECHST SCHERING AGREVO PTY LIMITED FIRST RESPONDENT ICI AUSTRALIA OPERATIONS PTY LIMITED SECOND RESPONDENT RHONE-POULENC RURAL AUSTRALIA PTY LIMITED THIRD RESPONDENT NUFARM LIMITED FOURTH RESPONDENT INCITEC LIMITED FIFTH RESPONDENT DAVIDSON INDUSTRIES PTY LIMITED SIXTH RESPONDENT and FARMOZ CHEMICALS PTY LIMITED SEVENTH RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 4 SEPTEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. In relation to the notice of motion of the first respondent: (a) the further hearing of that motion be adjourned to a date to be fixed with my associate in November or December 1997; and (b) the applicants pay the first respondent's costs of the hearings today and on 24 June 1997. 2. In relation to the notices of motion of the other respondents, the proceeding as against each of them, 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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