Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 131

Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 131

Open-ended leave for the applicant corporation to proceed without a solicitor would be refused, particularly because the proceeding was representative and likely to involve complex evidence and legal questions. However, limited leave was granted because refusal would put the case into limbo and require cancellation...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 February 2000
Procedural Posture
Notice of Motion Seeking Leave Under Order 4, Rule 14(2) of the Federal Court Rules for the Applicant to Carry on the Proceeding Otherwise Than by a Solicitor / Interlocutory Motion and Directions Before the Hearing of Motions Listed for 21 February 2000
Outcome
Limited leave granted; leave to file the notice of motion dated 3 February 2000 granted; directions varied; costs reserved.
Legal Topics
['corporation Appearing Without a Solicitor' 'representative Proceeding' 'security for Costs' 'amended Application' 'notice to Produce and Subpoenas' 'directions']
['civil Procedure'] ['corporation Appearing Without a Solicitor' 'representative Proceeding' 'security for Costs' 'amended Application' 'notice to Produce and Subpoenas' 'directions']

Source-derived case record

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Procedural Posture

Notice of Motion Seeking Leave Under Order 4, Rule 14(2) of the Federal Court Rules for the Applicant to Carry on the Proceeding Otherwise Than by a Solicitor / Interlocutory Motion and Directions Before the Hearing of Motions Listed for 21 February 2000

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under Order 4, Rule 14(2) of the Federal Court Rules to carry on the proceeding otherwise than by a solicitor.' 'Whether any leave should be open-ended or limited to preparation for and attendance at the hearing of motions listed for 21 February 2000.' 'Whether leave should be granted to file a notice of motion dated 3 February 2000 and whether existing directions should be varied.']

Ratio Decidendi

Open-ended leave for the applicant corporation to proceed without a solicitor would be refused, particularly because the proceeding was representative and likely to involve complex evidence and legal questions. However, limited leave was granted because refusal would put the case into limbo and require cancellation of the imminent 21 February 2000 hearing, while no significant solicitor's work appeared necessary before that hearing and the leave could be strictly confined to preparation for and attendance at that hearing.

Court Disposition

Limited leave granted; leave to file the notice of motion dated 3 February 2000 granted; directions varied; costs reserved.

Orders

  • ['Leave be granted to the applicant, pursuant to Order 4, Rule 14(2) of the Federal Court Rules, to carry on the proceeding without a solicitor; but limited to preparation for, and attendance at, the hearing of the motions listed for 21 February 2000 and limited, in point of time, to the conclusion of that hearing.'...