NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lam v Rolls Royce PLC (No 3) [2015] NSWSC 83 Hearing dates: 6 February 2015 Date of orders: 19 February 2015 Decision date: 19 February 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiff's notice of motion filed 8 January 2015 be dismissed.
(2) On or before 27 February 2015 the plaintiff serve the defendant with a list of the persons and crew whom he contends were aboard the flight referred to in [4] of the Amended Statement of Claim.
(3) The parties confer in relation to the form of orders otherwise necessary to give effect to this judgment.
(4) On or before 20 March 2015 the parties file either agreed orders, or competing versions of the orders, necessary to give effect to this judgment.
(5) Proceedings stand over for further directions to 27 March 2015 at 9.30am.
(6) Costs reserved. Catchwords: CLASS ACTIONS - discovery - whether should be ordered if might lead to disproportionate costs being incurred.
CLASS ACTIONS – class closure orders – whether claimants who do not register should be removed from class – differentiation between overseas passengers and crew and Australian passengers and crew.
CLASS ACTIONS – whether potential class members should be ordered to provide basic particulars of loss – mediation – need to facilitate.
CLASS ACTIONS – defective Opt Out Notice – need to reissue. Legislation Cited: Civil Procedure Act 2005 (NSW), s 60, s 162, s 175, s 183 Supreme Court Act 1986, s 33ZG Cases Cited: - P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 2) [2010] FCA 176 - Lam v Rolls Royce PLC [2013] NSWSC 805 - Lam v Rolls Royce's PLC (No 3) [2014] NSWSC 647 - McMullen v ICI Operations Pty Ltd (No 6) [1998] FCR 14 - Matthews v SPI Electricity Pty Ltd 2013 VSC 17 - Winterford v Pfizer Australia Pty Ltd [2012] FCA 1199 Category: Procedural and other rulings Parties: Sandy Lam (Plaintiff) Rolls Royce PLC Reg No 4706930 (Defendant) Representation: Counsel: J.E. Rowe (Plaintiff) N.E. Chen (Defendant) Solicitors: LHD Lawyers (Plaintiff) Holman Fenwick Willan (Defendant) File Number(s): 2013/037342 Publication restriction: Nil
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