Petrusevski v Bulldogs Rugby League Ltd [2003] FCA 61

FEDERAL COURT OF AUSTRALIA

Petrusevski v Bulldogs Rugby League Ltd [2003] FCA 61 PRACTICE & PROCEDURE – REPRESENTATIVE PROCEEDINGS – motion to strike out pleadings – whether case adequately pleaded – threshold requirements for representative proceedings in s 33H(1) of Federal Court of Australia Act 1976 – whether pleadings satisfied the requirement that they "describe or otherwise identify the group members to whom the proceeding relates". WORDS AND PHRASES – "describe or otherwise identify". Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33A, 33C, 33H, 33J, 33X, 33ZB, 33ZG(b)

Wong v Silkfield Pty Ltd (1999) 199 CLR 255, cited. Philip Morris (Australia) Ltd v Nixon (2000) 170 ALR 487, followed. Cook v Pasminco Ltd [2002] VSC 534, cited. Bray v F Hoffmann-La Roche Ltd [2002] FCA 1405, cited. King v GIO Australia Holdings Ltd [2000] FCA 1543, cited. ROBERT PETRUSEVSKI & ANOR v BULLDOGS RUGBY LEAGUE CLUB LTD N 962 of 2002 SACKVILLE J SYDNEY 14 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N962 OF 2002

BETWEEN: ROBERT PETRUSEVSKI

FIRST APPLICANT

ROBERT SPIRKOVSKI

SECOND APPLICANT

AND: BULLDOGS RUGBY LEAGUE CLUB LTD

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 14 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The further amended application filed 29 November 2002 and the further amended statement of claim filed 27 November 2002 be struck out. 2. The applicants have leave to replead their case. 3. The applicants file and serve any further amended application and any further amended statement of claim pursuant to order 2 on or before 14 March 2003. 4. Unless either party files written submissions as to costs within seven days from the date of these orders, the applicants pay the respondent's costs of the motion filed on 10 December 2002. 5. Stand over the proceedings until 4 April 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.