Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bright v Femcare Limited [2002] FCA 11
PROCEDURE – whether previous order pursuant to s 33N of the Federal Court of Australia Act 1976 (Cth) ("the Act") should be stayed – whether stay appropriate in circumstances – suspension of limitation periods in representative proceedings – whether order pursuant to s 33N of the Act causes limitation periods of individual group members to run again Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33N, 33ZE The Annot Lyle (1886) 11 PD 114 referred to Monk v Bantram [1891] 1 QB 346 referred to Powerflex Services Pty Ltd v Data Access Corporation (1996) 137 ALR 498 referred to Silkfield Pty Ltd v Wong [1998] FCA 1645 referred to
KERRIE BRIGHT v FEMCARE LIMITED & ANOR N 410 OF 1999 STONE J 22 JANUARY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 410 OF 1999
BETWEEN: KERRIE BRIGHT
APPLICANT
AND: FEMCARE LIMITED
FIRST RESPONDENT
ENDOVASIVE PTY LIMITED
(ACN 061 512 132)
SECOND RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 8 NOVEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the order made on 19 October 2001 be stayed and its operation suspended pending the determination of the applicant's application for leave to appeal in respect of that order and the determination of any appeal consequential upon the grant of such leave or until further order;
2. costs on application for stay and suspension of order to be costs on appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 410 OF 1999
BETWEEN: KERRIE BRIGHT
APPLICANT
AND: FEMCARE LIMITED
FIRST RESPONDENT
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