TMAC Pty Ltd trading as Northstar Property Services v Thomas Ford Trading Pty Ltd trading as Fresh Telecoms [2010] FCA 445

FEDERAL COURT OF AUSTRALIA

TMAC Pty Ltd trading as Northstar Property Services v Thomas Ford Trading Pty Ltd trading as Fresh Telecoms [2010] FCA 445 Citation: TMAC Pty Ltd trading as Northstar Property Services v Thomas Ford Trading Pty Ltd trading as Fresh Telecoms [2010] FCA 445

Parties: TMAC PTY LTD (ACN 093 834 023) TRADING AS NORTHSTAR PROPERTY SERVICES, DIVVIE ENTERPRISES PTY LTD (ACN 118 973 943) TRADING AS THE OUTDOOR FURNITURE SPECIALISTS TWEED HEADS, VALENTINA RURAL DEVELOPMENTS PTY LTD (ACN 093 014 067), TREVOR DAVID MCGRATH, CHRISTOPHER MARK BOWES, RAYMOND JOHN DIVERTIE and MARK ALIPRANDI v THOMAS FORD TRADING PTY LTD (ACN 120 463 390) TRADING AS FRESH TELECOMS, THOMAS DAVID FORD, TECHNOLOGY LEASING LIMITED (ACN 071 702 264), BOWER FINANCE PTY LIMITED (ACN 104 375 715) and DAVID BEAT

File number: NSD 163 of 2010

Judge: COWDROY J

Date of judgment: 12 May 2010

Catchwords: PRACTICE AND PROCEDURE – Representative proceedings – Section 33N of Federal Court of Australia Act 1976 (Cth) – Whether proceedings should continue as representative proceedings – Held – 'Substantial common issues of law or fact' exist – Interests of justice and efficiency best served by representative proceedings – Proceedings should remain as representative proceedings PRACTICE AND PROCEDURE – Section 86A(4) of Trade Practices Act 1974 (Cth) – Whether proceedings should be transferred from Local Court of New South Wales to the Federal Court of Australia – Held – Cause of action under Division 1 of Part V of Trade Practices Act 1974 (Cth) – Proceedings should be transferred

Legislation: Federal Court of Australia Act 1976 (Cth) Part IVA, ss 33C, 33N, 33ZF Trade Practices Act 1974 (Cth) s 86A(4)