Ryan, Grant v Great Lakes Council & Ors [1997] FCA 1346

Ryan, Grant v Great Lakes Council & Ors [1997] FCA 1346

Leave to amend and proceed with the proposed joinder was granted because the factual material showed a significant degree of commonality, one proceeding would be more efficient and economical than seven or eight proceedings, no countervailing hardship or efficiency reason justified separate proceedings, and the Court had power under Order 6, rule 2(b) to permit joinder even though Order 6, rule 2(a) probably did not apply.

Jurisdiction
Australia
Judgment Date
08 October 1997
Procedural Posture
Part IVA Representative Proceeding / Application for Leave to Amend Proceedings and Join Additional Applicants; Applications for Security for Costs Adjourned
Outcome
Leave to amend granted; security for costs applications adjourned; costs order made against Grant Ryan for costs of the 19 August 1997 hearing incurred by the 3rd to 13th respondents.
Legal Topics
['joinder of Applicants' 'amendment of Pleadings' 'case Management' 'opt Out Notices' 'security for Costs' 'costs']
['civil Procedure' 'representative Proceedings'] ['joinder of Applicants' 'amendment of Pleadings' 'case Management' 'opt Out Notices' 'security for Costs' 'costs']

Case Brief

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Procedural Posture

Part IVA Representative Proceeding / Application for Leave to Amend Proceedings and Join Additional Applicants; Applications for Security for Costs Adjourned

Legal Issues

  1. 1 ['Whether leave should be granted to amend the proceedings by filing an Amended Application and Further Amended Statement of Claim to add proposed additional applicants and claims.' 'Whether the litigation should proceed as one action with multiple applicants or as separate proceedings to be managed together.' 'Whether Order 6, rule 2 empowered the Court to permit the proposed joinder.' 'What opt-out notice procedure should follow the revised group descriptions.']

Ratio Decidendi

Leave to amend and proceed with the proposed joinder was granted because the factual material showed a significant degree of commonality, one proceeding would be more efficient and economical than seven or eight proceedings, no countervailing hardship or efficiency reason justified separate proceedings, and the Court had power under Order 6, rule 2(b) to permit joinder even though Order 6, rule 2(a) probably did not apply.

Court Disposition

Leave to amend granted; security for costs applications adjourned; costs order made against Grant Ryan for costs of the 19 August 1997 hearing incurred by the 3rd to 13th respondents.

Orders

  • ['Leave granted to the applicant to amend the proceedings by filing an Amended Application and a Further Amended Statement of Claim substantially in accordance with the draft documents before the Court, revised to omit parties now dismissed from the proceeding and with lists of group members included in Schedules to...