Lawrence, Jeffrey Paul v Fry, Eugene Leslie & Ors [1998] FCA 1500

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) s 209 – amendment to the rule to show cause – joinder of parties and claim for negligence and breach of fiduciary duty – within accrued and associated jurisdiction – common substratum of fact – exercise of discretion – policy of section. Workplace Relations Act 1996 (Cth) ss 209, 414 Judiciary Act 1903 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 23 Allen v Sideris (1984) 9 IR 68, referred to Fencott v Muller (1983) 152 CLR 570, cited Stack v Coast Securities (No. 9) Pty Ltd (1983) 154 CLR 261, cited

JEFFREY PAUL LAWRENCE v EUGENE LESLIE FRY AND OTHERS

NG 189 of 1998

FRENCH J PERTH 11 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY NG 189 of 1998

BETWEEN: JEFFREY PAUL LAWRENCE

Applicant

AND: EUGENE LESLIE FRY

FIRST Respondent

TERENCE JAMES LOCKWOOD

SECOND RESPONDENT

BENEDICHT KUNO HUGI

THIRD RESPONDENT

NORMAN CHARLES WEBB

FOURTH RESPONDENT

JOHN CLIFFORD CARR

FIFTH RESPONDENT

WENDY MAE LEE KONG

SIXTH RESPONDENT

PENG KOK CHEAH

SEVENTH RESPONDENT

LYNETTE ANNE SHAW

EIGHTH RESPONDENT

MERLE SELBY TAVERNER

NINTH RESPONDENT

ERNEST JAMES WELSH

TENTH RESPONDENT

FEDERATED LIQUOR AND ALLIED INSUTRIES, EMPLOYEES UNION OF AUSTRALIA, WESTERN AUSTRALIAN BRANCH, UNION OF WORKERS

ELEVENTH RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 November 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The amended rule to show cause be further amended to provide for orders B1-9 of the Applicant's motion filed on 23 September 1998. 2. The motion is otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.