Lam v Rolls Royce PLC (No 5) [2016] NSWSC 1332

Supreme Court New South Wales

Medium Neutral Citation: Lam v Rolls Royce PLC (No 5) [2016] NSWSC 1332 Hearing dates: 16 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order that all claims by group members for damages or other relief against the defendant arising out of the events onboard QF32 on 4 November 2010 who have not, in accordance with the orders made on 27 March 2015, registered their intention to claim compensation for psychological injury and who are listed in annexure A be dismissed pursuant to s 183 of the Civil Procedure Act 2005 (NSW); (2) Order that the dismissal of the claims identified in order (1) is to operate as a final determination of the rights of the individual group members listed in annexure A to claim damages or other relief against the defendant arising out of the events onboard QF32 on 4 November 2010. Catchwords: REPRESENTATIVE ACTION – class closure – dismissal of claim by non-registered group members – order that dismissal operates as final determination of claims Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (No 2) [2003] VSC 212 King v AG Australia Holdings Limited [2002] FCA 1560 Lam v Rolls Royce PLC [2013] NSWSC 805 Lam v Rolls Royce PLC (No 3) [2015] NSWSC 83 Lam v Rolls Royce (No 4) [2016] NSWSC 487 Matthews v SPI Electricity Pty Ltd (2013) 39 VR 255; [2013] VSC 17 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)