NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Moore v Scenic Tours Pty Ltd (No.5) [2023] NSWSC 392 Hearing dates: 08 December 2022 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Common Law Before: Garling J Decision: See [22] Catchwords: CIVIL PROCEDURE — alternative dispute resolution — referral to referees for assessment of remaining claims for damages in representative proceedings — appropriate methodology and procedure — where parties are largely agreed — whether defendant should have ability to issue subpoenas without referees' leave — whether defendant should have ability to cross-examine any individual claimant without referees' leave — whether referees should not commence their preparation prior to the delivery of a reserved judgment by the Court of Appeal relevant to the proceedings — orders for referral made — methodology and procedure stipulated Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Moore v Scenic Tours Pty Ltd (No.2) [2017] NSWSC 733 Moore v Scenic Tours Pty Ltd (No.4) [2022] NSWSC 270 Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 Texts Cited: Not Applicable Category: Procedural rulings Parties: David Moore (P) Scenic Tours Pty Ltd (D) Representation: Counsel: J Hogan-Doran / N Y H Li / C Roberts (P) D Weinberger / D Meyerowitz-Katz (D)
Solicitors: Somerville Legal (P) SWS Lawyers (D) File Number(s): 2014/223271 Publication restriction: Not Applicable
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