Ryan, Grant v Great Lakes Council & Ors [1997] FCA 970

Ryan, Grant v Great Lakes Council & Ors [1997] FCA 970

The applicant must have a personal claim against each respondent to validly commence a representative proceeding under Part IVA of the Act; where the applicant has no claim against a particular respondent, the proceedings against that respondent are improperly constituted and must be dismissed.

Jurisdiction
Australia
Judgment Date
18 September 1997
Procedural Posture
Representative Proceeding / Interlocutory, Reasons for Ruling on Notices of Motion Regarding Proper Constitution of Proceeding
Outcome
No final orders yet; matters stood over to allow possible amendment and for orders to be considered at future date.
Legal Topics
['representative Proceedings' 'standing' 'federal Court of Australia Act 1976 Part Iva']
['civil Procedure'] ['representative Proceedings' 'standing' 'federal Court of Australia Act 1976 Part Iva']

Case Brief

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Procedural Posture

Representative Proceeding / Interlocutory, Reasons for Ruling on Notices of Motion Regarding Proper Constitution of Proceeding

Legal Issues

  1. 1 ['Whether a representative party may institute proceedings against respondents with whom the representative has no personal claim' 'Whether representative proceedings may be commenced against respondents where fewer than seven claimants assert claims as required by s 33C(1)(a) of the Act']

Ratio Decidendi

The applicant must have a personal claim against each respondent to validly commence a representative proceeding under Part IVA of the Act; where the applicant has no claim against a particular respondent, the proceedings against that respondent are improperly constituted and must be dismissed.

Court Disposition

No final orders yet; matters stood over to allow possible amendment and for orders to be considered at future date.

Orders

  • []