Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Crawford v Bank of Western Australia Ltd [2005] FCA 949
PRACTICE & PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – approval of settlement – factors to be taken into account in granting approval. Federal Court of Australia Act 1976 (Cth), ss 33J, 33T, 33V, 33X, 33Y Australian Securities and Investments Commission Act 2001 (Cth), ss 12GF, 12GM Trade Practices Act 1974 (Cth), ss 82 and 87 Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250 cited Courtney v Medtel Pty Ltd (No 5) [2004] FCA 1406 cited Carnie v Esanda Finance Corporation Ltd (1995) 182 CLR 398 cited Jarrama Pty Ltd v Caltex Australia Petroleum Pty Ltd [2004] FCA 1114 cited Lopez v Star World Enterprises Pty Ltd (1999) ATPR 41-678 followed Williams v FAI Home Security Pty Ltd (No 4) (2000) 180 ALR 459 cited
R. Mulheron "The Class Action in Common Law Legal Systems" (Hart Publishing) Cheshire & Fifoot, "Law of Contract", (8th Australian Ed, Butterworths) J O'Donovan and J Phillips, "Modern Contract of Guarantee" (3rd Ed, Law Book Company) GREGORY DAVID CRAWFORD v BANK OF WESTERN AUSTRALIA LTD & ORS WAG1 of 2004
LEE J 11 JULY 2005 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG1 OF 2004
BETWEEN: GREGORY DAVID CRAWFORD
APPLICANT
AND: BANK OF WESTERN AUSTRALIA LTD (ACN 050 494 454)
RESPONDENT
BANK OF WESTERN AUSTRALIA LTD (ACN 050 494 454)
CROSS CLAIMANT
GREGORY DAVID CRAWFORD
KIM MARIE CRAWFORD
KALPHARM PTY LTD (ACN 074 206 143)
1ST CROSS RESPONDENTS
KERRY LARDEN BROMFIELD
ANGELA MARGARET BROMFIELD
WHITTLE HOLDINGS PTY LTD (ACN 009 038 635)
2ND CROSS RESPONDENTS
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