Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v GIO Australia Holdings Ltd [2000] FCA 617
PRACTICE AND PROCEDURE – representative proceeding – Federal Court of Australia Act 1976 (Cth) ("FCA Act") Pt IVA – representative proceeding brought by GIO shareholder against GIO, adviser to GIO, and directors of GIO relating to advice given to reject AMP takeover offer – respondents' application for orders that proceeding be struck out or no longer continue as representative proceeding – whether group members have "claims against the same person" as required by s 33C(1)(a) of FCA Act – whether the claims of all the group members "give rise to a subtantial common issue of law or fact" as required by s 33C(1)(c) – meaning of the word "claim" in s 33C(1) – identification of group WORDS AND PHRASES – "claim"
Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33C, 33ZB
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 169 ALR 616 referred to Philip Morris (Australia) Ltd v Nixon [2000] FCA 229 considered Finance Sector Union of Australia v Commonwealth Bank of Australia (1999) 94 FCR 179 considered Femcare Ltd v Bright [2000] FCA 512 referred to Nixon v Philip Morris (Australia) Ltd (1999) 165 ALR 515 considered Carnie v Esanda Finance Corporation Ltd (1995) 182 CLR 398 referred to Wong v Silkfield Pty Ltd (1999) 165 ALR 373 considered
Law Reform Commission, Grouped Proceedings in the Federal Court, Report No. 46, 1988 SHANE ROBERT KING v GIO AUSTRALIA HOLDINGS LTD (ACN 054 573 401), GRANT SAMUEL & ASSOCIATES PTY LTD (ACN 050 036 372), DAVID MORTIMER, BRUCE HOGAN, STEWART STEFFEY, RONALD ASHTON, MARINA DARLING, ANDREW KALDOR, LLOYD LANCE, DAVID O'HALLORAN AND IAN POLLARD N 955 OF 1999
MOORE J 12 MAY 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 955 OF 1999
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