Wong v Silkfield [2000] FCA 1421

FEDERAL COURT OF AUSTRALIA

Wong & Silkfield [2000] FCA 1421 PRACTICE & PROCEDURE – where settlement sanction sought in representative proceedings – consideration of position of group members who have not expressed willingness to participate in settlement, but did not opt out – importance of notice – whether settlements sought should be sanctioned Building Units & Group Titles Act 1980 (Qld) Federal Court of Australia Act 1976 (Cth) s 33

Lopez & Star World Enterprises Pty Ltd [1999] FCA 104 Law Report Commission Report No. 46 (1988), "Grouped Proceedings in the Federal Court" JAMES WONG & ORS v SILKFIELD PTY LTD AND SILKFIELD PTY LTD v SKYE COURT PTY LTD ACN 011 025 586 & ORS QG 167 OF 1997 JAMES WONG & ORS v SKYE COURT PTY LTD ACN 011 025 586 & ORS Q 277 OF 1999 SING TEK (DAVID) LIM & ANOR v SKYE COURT PTY LTD ACN 011 025 586 & ORS Q 25 OF 2000

SPENDER J BRISBANE 2 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 167 OF 1997

BETWEEN: JAMES WONG and JANICE WONG and ROY JULIAN FLIGHT (for and on behalf of themselves and as representatives of the group referred to in the application)

APPLICANTS

AND: SILKFIELD PTY LTD

AND BETWEEN: RESPONDENT

AND: SILKFIELD PTY LTD

AND: CROSS CLAIMANT

AND: SKYE COURT PTY LTD ACN 011 025 586

AND: FIRST CROSS RESPONDENT

CHRISTOPHER MARK COUPER

SECOND CROSS RESPONDENT

DARRIN JOHN COUPER

THIRD CROSS RESPONDENT

ROBERT WILLIAM CHARLES BUYS

FOURTH CROSS RESPONDENT JUDGE: SPENDER J

DATE OF ORDER: 2 OCTOBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

(1) The representative proceedings commenced by application QG 167 of 1997 be settled on the terms contained in the settlement deed executed by the parties in applications QG 167 of 1997 and Q 277 of 1999; varied to delete from schedule 1B the name Steven Ming-Hong Tsai, and to include in schedule 3: Steven Ming-Hong Tsai (Lot 48) $222,000, and George Ming-Chou Tsai (Lot 65) $224,000.