Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 1004

FEDERAL COURT OF AUSTRALIA

Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 1004 PRACTICE AND PROCEDURE – Representative proceeding brought on behalf of individuals and organisations in relation to cigarette smoking – Application for leave to file an Amended Application in a particular form – Whether the document provides a satisfactory description of group members – Necessity for description to be such as to enable possible group members to determine whether they fall within the described group – Definition that includes future elements is unsatisfactory – Leave refused. COSTS - Applications for security for costs - Impecunious corporate applicant - Whether applications for security for costs should be refused because an order for security would stifle a meritorious case - Width of claims made in Statement of Claim - Obscurities concerning applicant's claims - Whether the Court would be likely to order costs against the applicant if claim failed Bell Wholesale Co Pty Limited v Gates Export Corporation (1984) 2 FCR 1, Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72, Marks v GIO Australia Holdings Limited [1998] HCA 69; 196 CLR 494 referred to. Woodhouse v McPhee (1997) 80 FCR 529 applied Federal Court of Australia Act 1976, ss 43 and 56 Trade Practices Act 1974, ss51AB, 52, 75B, 80 and 87 TOBACCO CONTROL COALITION INCOPORATED v PHILIP MORRIS (AUSTRALIA) LTD, PHILIP MORRIS LTD, W D & H O WILLS HOLDINGS LTD, W D & H O WILLS (AUSTRALIA) LTD, ROTHMANS HOLDINGS LTD and ROTHMANS OF PALL MALL (AUSTRALIA) LTD N1089 of 1999

WILCOX J SYDNEY 27 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1089 of 1999

BETWEEN: TOBACCO CONTROL COALITION INCORPORATED

Applicant

AND: PHILIP MORRIS (AUSTRALIA) LTD and PHILIP MORRIS LTD