Revian v Dasford Holdings Pty Ltd [2001] FCA 777

FEDERAL COURT OF AUSTRALIA

Revian v Dasford Holdings Pty Ltd [2001] FCA 777 PROCEDURE – application in representative proceeding – application in form 5 – application required to be in form 129 – whether applicant should be granted leave to amend application – whether irregular application should be struck out – whether court entitled to treat irregular application as invoking its jurisdiction – whether irregularity invalidates proceeding Federal Court of Australia Act 1976 ss 33H, 33J, 51 Sereika v Cardinal Financial Securities Ltd [2001] FCA 208 cited Re Healey; Re Inquiry into Election in Australian Workers Union, South Australian Branch (1992) 40 IR 110 referred to Re Federated Furnishing Trade Society of Australasia (1993) 113 ALR 137 cited KANDI LEE REVIAN (FOR AND ON BEHALF OF HERSELF AND AS JOINT TRUSTEE FOR THE GKDK TRUST AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION) v DASFORD HOLDINGS and ORS W 101 of 2001 RD NICHOLSON J 27 JUNE 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 101 of 2001

BETWEEN: KANDI LEE REVIAN (FOR AND ON BEHALF OF HERSELF AND AS JOINT TRUSTEE FOR THE GKDK TRUST AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)

APPLICANT

AND: KANDI LEE REVIAN AND GRANT WILLIAM THOMPSON AS TRUSTEES FOR THE GKDK TRUST CEASED TRADING AS LEADING EDGE VIDEO CLARKSON (SHOP 17)

AND: FIRST GROUP MEMBER

RICHARD DAWSON FIELDS AND MARY ANNE FIELDS AND ELSIE NOMINEES PTY LTD TRADING AS CLARKSON MINI MART (SHOP 10)

SECOND GROUP MEMBER

FREDERICK FRANCIS TREBLE CEASED TRADING AS FRED'S HARDWARE (SHOP 1)

THIRD GROUP MEMBER

SHAUN NICHOLAS AND ANASTASHIA MARGARITA NICHOLAS AND DEBBIE PTY LTD CEASED TRADING AS CLARKSON INDIAN AND CHINESE CUISINE (SHOP 3C)