Revian v Dasford Holdings Pty Ltd [2002] FCA 1119

FEDERAL COURT OF AUSTRALIA

Revian v Dasford Holdings Pty Ltd [2002] FCA 1119 PRACTICE AND PROCEDURE – representative action – applicant claiming as trustee of discretionary trust – applicant under Part X arrangement pursuant to Bankruptcy Act – disqualification from continuing to hold office of trustee pursuant to Deed of Trust – whether sufficient interest to continue proceeding on behalf of other group members – insufficient interest to commence proceedings – insufficient interest to continue proceedings – insufficient interest as beneficiary of discretionary trust – viability of statement of claim – allegations of accessorial involvement by directors of corporate respondents – substantial reliance upon bald assertions of actual knowledge coupled with inaction – constructive knowledge pleaded in the alternative – no reasonable cause of action for accessorial involvement disclosed – application dismissed as against corporate directors – applicant removed for want of sufficient interest – liberty to other group members to substitute new applicant. Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 33C, s 33D, s 33T Trade Practices Act 1974 (Cth) Symington v Hoechst Schering Agrevo Pty Ltd (1997) 78 FCR 164 cited Compaq Computer Australia Pty Ltd v Merry (unrep, Fed Court, 14 August 1998) cited Yorke v Lucas (1985) 158 CLR 661 cited Cassidy v Medical Benefits Fund of Australia (No 2) [2002] FCA 1097 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 PTY LTD and ORS W 101 of 2001 FRENCH J 10 SEPTEMBER 2002 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)