Wong v Silkfield Pty Ltd [1999] HCA 48

High Court of Australia Gleeson CJ McHugh, Gummow, Kirby and Callinan JJ Wong v Silkfield Pty Ltd (B26/1999) [1999] HCA 48

Summary CATCHWORDS Wong v Silkfield Pty Ltd Practice and procedure - Federal Court of Australia - Representative proceedings - Commencement - Misleading and deceptive conduct pleaded - Whether alleged common misrepresentation a "substantial common issue of law or fact". Words and phrases - "substantial". Federal Court of Australia Act 1976 (Cth), s 33C, Pt IVA. Trade Practices Act 1974 (Cth), s 52. ORDER

1. Appeal allowed with costs.

2. Set aside order 2 of the orders of the Full Court of the Federal Court of Australia made 20 November 1998, together with the declaration made by that Court, and in lieu thereof, save as to the direction by that Court as to the future conduct and procedure in the matter, order that the appeal to that Court be dismissed with costs.

Cur adv vult

The Court delivered the following written judgment:—

9 September 1999 Gleeson CJ, McHugh, Gummow, Kirby and Callinan JJ

1. This appeal is brought from the allowance by the Full Court of the Federal Court of Australia (O'Loughlin and Drummond JJ, Foster J dissenting [1] ) of an interlocutory appeal from a judge of that Court (Spender J). It presents an issue of construction of s 33C of the Federal Court of Australia Act 1976 Cth (the Act). This provision is included in Pt IVA (ss 33A-33ZJ) which is headed " Representative Proceedings ". Part IVA creates new procedures and confers upon the Federal Court new powers in relation to the exercise of jurisdiction with which it has been invested by another law made by the Parliament [2] . In the present case the jurisdiction of the Federal Court was conferred by s 86 of the Trade Practices Act 1974 Cth in respect of matters arising under that statute, relevantly s 52.