Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 56
PRACTICE AND PROCEDURE – three representative proceedings under Part IVA of Federal Court of Australia Act 1976 (Cth) – group members suffered economic loss as the result of cessation of supply of gas in Victoria – abuse of process - whether any of the proceedings vexatious or oppressive – whether proceedings issued for improper purpose of "fishing" or to "capture the market" for the claims of group members – whether any common issues relating to misleading or deceptive conduct and negligence are substantial common issues of law or fact – whether proceedings should be consolidated – whether proceedings are inappropriate as representative proceedings under Pt IVA- whether two solicitors may appear on the record
WORDS & PHRASES – "substantial common issue of law or fact"
Federal Court of Australia Act 1976 (Cth)- Pt IVA, ss 33C(1), 33N(1)(d)
Federal Court Rules O 29 r 5
Gale v Denman Picture Houses Ltd [1930] 1 KB 588 cited
White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169 cited
Silkfield Pty Ltd v Wong (1998) 159 ALR 329 applied
Tropical Shine Holdings Pty Ltd v Lake Gesture Pty Ltd (1993) 45 FCR 457 cited
BETWEEN: JOHNSON TILES PTY LTD
(ACN 004 576 103)
Applicant
AND: ESSO AUSTRALIA LIMITED
(ACN 000 018 566)
Respondent
AND BETWEEN: GREGORY ALAN DEAN and others according to the schedule
Applicants
AND: ESSO AUSTRALIA LIMITED
(ACN 000 018 566)
Respondent
AND BETWEEN: EDDIE PIETROBUONO
Trading as Mel's Pizza and Pasta Bar (on his own behalf and representing the persons referred to in paragraph 1 of the Statement of Claim herein)
Applicant
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