Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Watson v AWB Limited [2007] FCA 1367
PRACTICE AND PROCEDURE – whether an existing proceeding can be converted into a Pt IVA representative proceeding by way of amendment Federal Court of Australia Act 1976 (Cth), Pt IVA, s 33A, s 33C Finance Sector Union of Australia v Commonwealth Bank of Australia (1999) 89 FCR 417 doubted but followed Sreika v Cardinal Financial Securities Limited [2000] FCA 1647 doubted but followed JOHN WATSON AND KAYE WATSON IN THEIR OWN RIGHT AND AS REPRESENTATIVES OF THE REPRESENTED PERSONS v AWB LIMITED (ACN 081 890 459) NSD 659 OF 2007
GYLES J
22 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 659 OF 2007
BETWEEN: JOHN WATSON AND KAYE WATSON IN THEIR OWN RIGHT AND AS REPRESENTATIVES OF THE REPRESENTED PERSONS
Applicants
AND: AWB LIMITED (ACN 081 890 459)
Respondent
JUDGE: GYLES J
DATE OF ORDER: 22 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicants be granted leave to file: (a) The Further Amended Application in the form of annexure BJS-7 to the affidavit of Ben Slade affirmed on 14 August 2007 and filed in support of the motion dated 14 August 2007; and (b) The Further Amended Statement of Claim in the form of annexure BJS-8 to the affidavit of Ben Slade affirmed on 14 August 2007 and filed in support of the motion dated 14 August 2007. 2. The respondent's costs of the motions up to today be paid by the applicants, but the costs of today be the applicants' costs in the cause.
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 NSD 659 OF 2007
BETWEEN: JOHN WATSON AND KAYE WATSON IN THEIR OWN RIGHT AND AS REPRESENTATIVES OF THE REPRESENTED PERSONS
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