Wood, Graham & Ors v Seabord Aircrew Ltd & Ors [1997] FCA 848

Procedural Posture

Application by the Fourth Respondent That the Proceedings Be Dismissed as Incompetent / Interlocutory Notice of Motion

Legal Issues

1. 1 ['Whether Order 6 Rule 2(a) of the Federal Court Rules authorised the joinder of the applicants in one proceeding.' "Whether the applicants' rights to relief were in respect of or arose out of the same transaction or series of transactions." 'Whether leave should be granted under Order 6 Rule 2(b) nunc pro tunc if joinder was not authorised as of right.' 'Who should bear the costs of the notice of motion.']

Ratio Decidendi

The proceedings were irregularly commenced because, although the pilots' claims raised common questions, each pilot dealt individually and separately with Mr Cassidy and had no participation or interest in the recruitment dealings involving the other pilots; the claims therefore did not arise out of the same transaction or same series of transactions within Order 6 Rule 2(a). Leave under Order 6 Rule 2(b) was necessary and, being unopposed, was granted nunc pro tunc.

Court Disposition

Proceedings declared irregularly commenced; leave granted nunc pro tunc for the applicants to join in one proceeding; costs of the notice of motion awarded to Mr Cassidy.

Orders

• ['The proceedings were irregularly commenced because Order 6 Rule 2(a) of the Federal Court Rules would not have authorised the joinder of the applicants in the one proceeding.' 'Leave be granted nunc pro tunc to the applicants to join in one proceeding within 14 days.' 'The applicant file and serve a single...