Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murphy v Overton Investments Pty Ltd [1999] FCA 1673 PRACTICE & PROCEDURE – representative proceeding under Pt IVA Federal Court of Australia Act 1976 – application to vary orders made that proceeding no longer continue as representative proceeding - whether proceeding properly commenced as representative proceeding - whether "substantial common issue of fact or law" – whether order should be made that proceeding no longer continue as representative proceeding WORDS & PHRASES – "substantial" Federal Court of Australia Act 1976 (Cth), s 33C(1)(c), s 33N Wong v Silkfield Pty Ltd [1999] HCA 48, followed Silkfield Pty Ltd v Wong (1998) 159 ALR 329, not followed
JOHN JAMES MURPHY v OVERTON INVESTMENTS PTY LTD N159 OF 1999 EMMETT J 25 NOVEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 159 OF 1999
BETWEEN: JOHN JAMES MURPHY
APPLICANT
AND: OVERTON INVESTMENTS PTY LIMITED
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 25 NOVEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application made on behalf of the applicant for the orders made on 17 August 1999 by Emmett J to be varied be dismissed. 2. The applicant pay one-third of the respondent's costs of the notice of motion filed on 18 April 1999 as amended on 18 May 1999 and 25 June 1999. 3. The applicant pay the respondent's costs of the notice of motion filed on 16 September 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 159 OF 1999
BETWEEN: JOHN JAMES MURPHY
APPLICANT
AND: OVERTON INVESTMENTS PTY LIMITED
RESPONDENT
JUDGE: EMMETT J
DATE: 25 NOVEMBER 1999
PLACE: SYDNEY
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