Murphy v Overton Investments Pty Ltd [1999] FCA 1123

FEDERAL COURT OF AUSTRALIA

Murphy v Overton Investments Pty Ltd [1999] FCA 1123

PRACTICE & PROCEDURE – representative proceedings under Pt IVA Federal Court of Australia Act 1976 – whether proceeding properly commenced as representative proceeding – whether "substantial common issue of fact or law" – whether applicant may rely on matters raised in defence as being substantial common issues – whether proceedings, even if properly commenced, should no longer continue as representative proceedings – whether statement of claim should be struck out as inadequately particularised - whether commencement of proceedings in Federal Court an abuse of process

WORDS & PHRASES – "substantial common issue"

Federal Court of Australia Act 1976 (Cth), s33C(1)(c), s33H, s33N

Connell v Nevada Financial Group Pty Ltd (1996) 139 ALR 723, cited

Silkfield Pty Ltd v Wong (1998) 159 ALR 329, cited

Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] FCA 636, cited

JOHN JAMES MURPHY v OVERTON INVESTMENTS PTY LTD

N159 OF 1999

17 AUGUST 1999

EMMETT J

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 159 OF 1999

BETWEEN: JOHN JAMES MURPHY

First Applicant

JOY CARTER

Second Applicant

RITA BRASINGTON

Third Applicant

ALBERT WILLIAMS

Fourth Applicant

AND: OVERTON INVESTMENTS PTY LIMITED

First Respondent

JOHN EDWARD JAMES

Second Respondent

JUDGE: EMMETT J

DATE OF ORDER: 17 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding no longer continue under Part IVA of the Federal Court of Australia Act 1976.

2. The Further Amended Statement of Claim be struck out.

3. The Second, Third and Fourth Applicants be removed as parties.