Ryan, Grant & Ors v Great Lakes Council & Ors [1998] FCA 646

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory order dismissing motion for security for costs - representative proceeding under Part IVA of the Federal Court of Australia Act 1976 - all group members natural persons - impecunious representative party - relevance of "nominal plaintiff" ground for ordering security to representative proceedings under Part IVA - whether order for security would be inconsistent with prohibition in s 43(1A) of Act against making of order that group members, other than representative party, pay costs - test for granting leave to appeal against interlocutory order - whether order of dismissal attended by sufficient doubt to warrant reconsideration at appellate level. Federal Court of Australia Act 1976 Part IVA, ss 33ZG, 43(1A), 56 Federal Court Rules O28 r3(1)(b) Ramsey v Hartley [1977] 2 All ER 673, referred to Bell Wholesale Company Ltd v Gates Export Corporation, (1984) 2 FCR 1 (FC), referred to Woodhouse v McPhee, unreported, FCA/Merkel J, 24 December 1997, discussed Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied Trade Practices Commission v Rank Commercial Ltd (1994) 53 FCR 303, referred toHouse v The King (1936) 55 CLR 499, applied Barton v Minister for Foreign Affairs (1984) 2 FCR 463 (Morling J), referred toCunningham v Olliver, unreported, FCA/Burchett J, 21 November 1994, referred to GRANT RYAN and OTHERS v GREAT LAKES COUNCIL and OTHERS

ng 183 of 1997

lindgren j

sydney

11 june 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 183 of 1997

BETWEEN: GRANT RYAN

First Applicant

SCOTT CALLAGHAN

Second Applicant

KEVIN GOWER

Third Applicant

DAVID HOLNESS