Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young v ICM Agriculture Pty Ltd [2009] FCA 1065 PRACTICE AND PROCEDURE - application by a corporate applicant for leave to commence and carry on proceeding without a solicitor - company one of two applicants - other applicant sole shareholder, director and controlling mind of company - counsel representing both applicants but without instructing solicitor - proceeding brought in substance by the individual for his benefit - company an additional applicant only in case assignment of cause of action by it to the individual should be held ineffective. Held: Leave granted. Federal Court Rules O 4 r 14(2) Uniform Civil Procedure Rules 2005 (NSW) r 7.1 Australian Competition & Consumer Commission v Dataline.net.au Pty Ltd [2004] FCA 1361 cited Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2002] FCA 1002 distinguished Cytel Pty Ltd v Peoplebank Recruitment Pty Ltd [2006] FCA 985 distinguished Silkearl Pty Ltd v Ainsworth Game Technology Ltd [2006] FCA 949 distinguished Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 131 distinguished DARYL WILLIAM YOUNG and AUSTRALIAN AGRICULTURAL COMMODITIES PTY LTD (ACN 057 795 632) v ICM AGRICULTURE PTY LTD (ACN 006 077 765)
NSD 874 of 2009
LINDGREN J
16 SEPTEMBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 874 of 2009
BETWEEN: DARYL WILLIAM YOUNG
First Applicant
AUSTRALIAN AGRICULTURAL COMMODITIES PTY LTD (ACN 057 795 632)
Second Applicant
AND: ICM AGRICULTURE PTY LTD (ACN 006 077 765)
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 16 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The second applicant have leave nunc pro tunc to commence and carry on this proceeding. 2. If the second applicant should cease to be represented by counsel, the respondent have liberty to apply for a termination of the leave referred to in para (1) in so far as it relates to the then future carrying on of the proceeding. 3. The parties' costs of the second applicant's application for leave be the respective costs of the second applicant and the respondent of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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