McIntyre v Eastern Prosperity Investments Pty Ltd [2001] FCA 1655

FEDERAL COURT OF AUSTRALIA

McIntyre v Eastern Prosperity Investments Pty Ltd [2001] FCA 1655

PRACTICE AND PROCEDURE - representative proceedings against corporations - foreign corporation - corporation deregistered in Australia - subsequently re-registered - new corporation number - contention that former company ceased to exist - contention misconceived - motion for orders restraining solicitors from acting and joining ASIC as respondent dismissed - no question of principle Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 ( Cth) s 82, s 87 DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION) v EASTERN PROSPERITY INVESTMENTS PTE LTD and DBF PROPERTY HOLDINGS PTY LTD AS TRUSTEE FOR THE FREARSON FAMILY TRUST W243 of 2000 FRENCH J 22 NOVEMBER 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W243 OF 2000

BETWEEN: DONALD COLIN MCINTYRE (FOR AND ON BEHALF OF HIMSELF AND PATRICIA ANN MCINTYRE AND AS A REPRESENTATIVE OF THE GROUP MEMBERS REFERRED TO IN THE APPLICATION)

APPLICANT

DONALD COLIN MCINTYRE AND PATRICIA ANN MCINTYRE TRADING AS VICTORIA PARK TRAVELWORLD (SHOP 24)

First Group Member

PAUL STANLEY SCRUTTON AND BEVERLEY MAUREEN SCRUTTON TRADING AS PHOTOMAT VICTORIA PARK (SHOP 20)

Second Group Member

DENNIS BEAUMONT AS TRUSTEE FOR THE BEAUMONT FAMILY TRUST TRADING AS INNERSPIN COMPACT DISC S (SHOP 8)

Third Group Member

KERRY GEORGE AND FREDERICK WILLIAM GEORGE TRADING AS THE HEART COFFEE LOUNGE (SHOP 21)

Fourth Group Member

PHIMCHAI SMITH TRADING AS PHUKET THAI RESTAURANT (SHOP 44)