Younger v Westpac Banking Corporation [2016] NSWSC 1905

Supreme Court New South Wales

Medium Neutral Citation: Younger v Westpac Banking Corporation [2016] NSWSC 1905 Hearing dates: 9 December 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 174(2) of the Civil Procedure Act 2005 that the plaintiff have leave to withdraw from the proceedings as a representative party. (2) Order pursuant to s 166(1) of the Civil Procedure Act 2005 that the proceedings no longer continue under Part 10 of the Civil Procedure Act 2005. (3) Note that the court has previously ordered that there be judgment for the plaintiff against the first defendant in the sum specified in paragraph 4(B) of the Notice of Motion filed 1 November 2016 and that other terms of an agreement between the plaintiff and the defendants are to be given effect to.

(4) Order that the plaintiff's proceedings which are now not representative proceedings be otherwise dismissed

(5) With respect to the Notice of Motion filed 1 November 2016, order the defendant to pay the plaintiff's costs of that motion except for the costs of and associated with the preparation for and hearing of the proceedings on 9 December 2016 in respect of which each party is to pay his and its own costs Catchwords: PRACTICE AND PROCEDURE – civil – application by plaintiff to withdraw from representative proceedings following settlement of the plaintiff's claim – where no other group member has volunteered to become plaintiff – whether it is appropriate to dismiss the proceedings – whether the proceedings should continue as representative proceedings Legislation Cited: Civil Procedure Act 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Neil Younger (P) Westpac Banking Corporation (D1) Asgard Wealth Solutions Ltd (D2) Representation: Counsel: D R Pritchard SC (P) E Holmes (D1, D2)