Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 636
PRACTICE AND PROCEDURE – Representative proceedings under Part IVA of the Federal Court of Australia Act 1976 (Cth) – group members exceeding one million – claims in negligence and breach of s 52 of the Trade Practices Act 1974 (Cth) alleging economic loss – whether substantial common issues of law or fact – whether act or omission of respondents caused or contributed to loss – whether that question was a substantial common issue of fact – whether that question was "swamped" by other issues PRACTICE AND PROCEDURE – abuse of process – whether proceeding was "fishing" for a cause of action
WORDS & PHRASES – "substantial common issue" Federal Court of Australia Act 1976 (Cth) –ss 33C(1), 33N(1) Cashin v Craddock [1876] 2 ChD 140 discussed Silkfield Pty Ltd v Wong (1998) 159 ALR 329 applied
JOHNSON TILES PTY LTD V ESSO AUSTRALIA LTD VG 519 OF 1998
VG 524 OF 1998 JUDGES: BLACK CJ, NORTH & FINKELSTEIN JJ PLACE: MELBOURNE DATE: 12 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 519 OF 1998
VG 524 OF 1998
BETWEEN: JOHNSON TILES PTY LTD and
GREGORY ALAN DEAN
Applicants
AND: ESSO AUSTRALIA LTD and
ESSO AUSTRALIA RESOURCES LTD
Respondents
JUDGES: BLACK CJ, NORTH & FINKELSTEIN JJ
DATE OF ORDER: 12 MAY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Leave to appeal be refused. 2. The respondents pay the applicants' taxed costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 519 OF 1998
VG 524 OF 1998
BETWEEN: JOHNSON TILES PTY LTD and
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