Milfull, Terence John v Terranora Lakes Country Club Ltd & Ors [1998] FCA 685

Milfull, Terence John v Terranora Lakes Country Club Ltd & Ors [1998] FCA 685

The common issues among group members, particularly regarding contract, duty of care, and misleading conduct claims, are substantial and their determination will go a considerable distance toward resolving liability; as such, these proceedings provide an efficient and effective means of dealing with the claims, and should not be discontinued as representative proceedings at this stage.

Jurisdiction
Australia
Judgment Date
16 June 1998
Procedural Posture
Representative Proceeding / Interlocutory Application to Discontinue as Representative Action
Outcome
Application by the first respondent for discontinuance as a representative proceeding dismissed
Legal Topics
['representative Proceedings' 'class Actions' 'misleading or Deceptive Conduct' 'breach of Contract' 'negligence']
['practice and Procedure' 'corporations Law' 'trade Practices'] ['representative Proceedings' 'class Actions' 'misleading or Deceptive Conduct' 'breach of Contract' 'negligence']

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Procedural Posture

Representative Proceeding / Interlocutory Application to Discontinue as Representative Action

Legal Issues

  1. 1 ['Whether the proceeding should be discontinued as a representative proceeding under s 33N(1) of the Federal Court Act 1976' 'Whether the proceeding provides an efficient and effective means of dealing with the claims of group members' 'What common issues of law or fact exist among the claims of group members']

Ratio Decidendi

The common issues among group members, particularly regarding contract, duty of care, and misleading conduct claims, are substantial and their determination will go a considerable distance toward resolving liability; as such, these proceedings provide an efficient and effective means of dealing with the claims, and should not be discontinued as representative proceedings at this stage.

Court Disposition

Application by the first respondent for discontinuance as a representative proceeding dismissed

Orders

  • ['The application by the first respondent is dismissed.']