Austcorp International Limited v Owers [2009] FCA 774

FEDERAL COURT OF AUSTRALIA

Austcorp International Limited v Owers [2009] FCA 774

APPEAL – application for leave to appeal from a decision of a single judge which determined three out of 48 cases propounded in the one proceeding by means of a single Application and a single Statement of Claim – in substance, orders made below were final – leave to appeal not necessary but granted in any event – time within which to appeal as of right extended PRACTICE AND PROCEDURE – observations as to the desirability of dealing with 48 separate cases in one proceeding without utilising Pt IVA of the Federal Court of Australia Act 1976 (Cth) or O 6 r 2 of the Federal Court Rules – three "test cases" decided – appeal from orders made in those cases – whether parties to the extant remaining cases should be made parties to the appeal from the orders made in respect of the three "test cases" – application for the joinder of the remaining parties refused Federal Court of Australia Act 1976 (Cth), s 24, s 25 and Pt IVA Federal Court Rules, O 6 r 2,O 29 r 2, O 52 rr 10 and 15

Ackers v Austcorp International Ltd [2009] FCA 432 related Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 followed Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592 cited Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 followed Radstock Co-Operative & Industrial Society v Norton-Radstock Urban District Council [1968] Ch 605, [1968] 2 All ER 59, [1968] 2 WLR 1214 cited Sanofi v Parke Davis Pty Ltd (No 1) (1982) 149 CLR 147 followed Secretary, Department of Social Security v Lowe (1999) 92 FCR 26 followed AUSTCORP INTERNATIONAL LIMITED (ACN 003 132 090) v BRIAN STEPHEN OWERS and SEAR TAN-BOUNKEUA

NSD 506 of 2009

FOSTER J

22 JULY 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA