Francey v Sharpe Development Group Pty Limited [2005] FCA 1059

FEDERAL COURT OF AUSTRALIA

Francey v Sharpe Development Group Pty Limited [2005] FCA 1059 PRACTICE AND PROCEDURE – representative proceedings – application for substitution of representative applicant – application for leave to file and serve further amended application – formulation of claim for damages – application that the proceeding no longer continue under Part IVA of the Federal Court of Australia Act 1976 (Cth) – whether appropriate to exercise the discretion under s 33N of the Federal Court of Australia Act 1976 (Cth).

Federal Court of Australia Act 1976 (Cth) s 33N, s 33T

Bright v Femcare Limited (2003) 195 ALR 574 referred to KENNETH GEORGE FRANCEY v SHARPE DEVELOPMENT GROUP PTY LTD (ACN 082 861 658) AND WILLIAM BENJAMIN SHARPE NSD 1123 of 2004 BRANSON J 2 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1123 of 2004

BETWEEN: KENNETH GEORGE FRANCEY

APPLICANT

AND: SHARPE DEVELOPMENT GROUP PTY LTD (ACN 082 861 658)

FIRST RESPONDENT

WILLIAM BENJAMIN SHARPE

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 2 AUGUST 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Neil Francis Francey be substituted for Kenneth George Francey as the representative applicant. 2. The applicant have leave to file and serve a third amended application in the form of the document provided to the Court on 5 July 2005 by no later than 5 August 2005. 3. The applicant have leave to file and serve a third amended statement of claim in the form of the document provided to the Court on 5 July 2005 by no later than 5 August 2005.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1123 of 2004

BETWEEN: KENNETH GEORGE FRANCEY

APPLICANT