King v GIO Australia Holdings Ltd [2000] FCA 1543

King v GIO Australia Holdings Ltd [2000] FCA 1543

The proposed Fourth Further Amended Application and Third Further Amended Statement of Claim cured the complained-of defects by making claims by the applicant and each group member against each respondent. The group definition was based on objectively ascertainable matters rather than impermissible potential outcomes, and the allegations raised substantial common issues of fact and law. Leave to appeal was therefore refused except to vary Moore J's costs order because the earlier pleadings had been superseded by amendments made with the Court's leave.

Jurisdiction
Australia
Judgment Date
01 November 2000
Procedural Posture
Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 / Applications for Leave to Appeal From Orders of Moore J Dismissing Strike Out And/or Stay Motions, and Application for Leave to File Further Amended Pleadings
Outcome
Leave granted to file and serve the Fourth Further Amended Application and Third Further Amended Statement of Claim; Moore J's costs order set aside and replaced with costs in the cause; otherwise leave to appeal refused; costs of all applications for leave to appeal to be costs in the cause.
Legal Topics
['part IVA Representative Proceedings' 'section 33 C Compliance' 'pleadings and Amendment' 'misleading or Deceptive Conduct' 'false and Misleading Representations' 'negligence' 'breach of S995(2) of the Corporations Law' 'costs in the Cause']
['civil Procedure' 'representative Proceedings' 'corporations Law'] ['part IVA Representative Proceedings' 'section 33 C Compliance' 'pleadings and Amendment' 'misleading or Deceptive Conduct' 'false and Misleading Representations' 'negligence' 'breach of S995(2) of the Corporations Law' 'costs in the Cause']

Case Brief

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Procedural Posture

Representative Proceeding Under Part IVA of the Federal Court of Australia Act 1976 / Applications for Leave to Appeal From Orders of Moore J Dismissing Strike Out And/or Stay Motions, and Application for Leave to File Further Amended Pleadings

Legal Issues

  1. 1 ['Whether the representative proceeding complied with s33C of the Federal Court of Australia Act 1976 by disclosing a claim by each group member against each respondent.' 'Whether the proposed Fourth Further Amended Application and Third Further Amended Statement of Claim made claims by the applicant and each group member against each respondent.' 'Whether the proceeding raised substantial common issues of fact or law.' 'Whether leave to appeal should be granted in relation to pleading objections and the costs order made by Moore J.']

Ratio Decidendi

The proposed Fourth Further Amended Application and Third Further Amended Statement of Claim cured the complained-of defects by making claims by the applicant and each group member against each respondent. The group definition was based on objectively ascertainable matters rather than impermissible potential outcomes, and the allegations raised substantial common issues of fact and law. Leave to appeal was therefore refused except to vary Moore J's costs order because the earlier pleadings had been superseded by amendments made with the Court's leave.

Court Disposition

Leave granted to file and serve the Fourth Further Amended Application and Third Further Amended Statement of Claim; Moore J's costs order set aside and replaced with costs in the cause; otherwise leave to appeal refused; costs of all applications for leave to appeal to be costs in the cause.

Orders

  • ["The applicant in the principal proceeding, Shane Robert King, have leave to file and serve on each of the respondents within seven days a Fourth Further Amended Application and a Third Further Amended Statement of Claim in the form of the documents submitted to the Court under cover of the applicant's solicitors'...