Lam v Rolls Royce PLC (No 6) [2017] NSWSC 1288

Supreme Court New South Wales

Medium Neutral Citation: Lam v Rolls Royce PLC (No 6) [2017] NSWSC 1288 Hearing dates: 21 September 2017 Date of orders: 21 September 2017 Decision date: 21 September 2017 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 on board QF32 on 4 November 2010 who have not, in accordance with the orders made on 1 June 2016, filed and served their statement of particulars and served their evidence in support of their claim for compensation for psychological injury and who are listed in Annexure "A" to the orders made on 4 September 2017, be dismissed pursuant to s 183 of the Civil Procedure Act 2005 (NSW).

(2) Order that the above dismissal of claims is to operate as a final determination of the rights of the individual group members, listed in Annexure "A" to the orders made on 4 September 2017, to claim damages or other relief against the defendant arising out of the events on board QF32 on 4 November 2010. Catchwords: REPRESENTATIVE ACTION – group defined as passengers who suffered psychological injury on flight due to allegedly faulty engine – most claims settled – application to dismiss claims of group members who have not provided particulars of their loss – application granted Legislation Cited: Civil Procedure Act 2005, ss 183, 175(1)(b) Uniform Civil Procedure Rules, r 15/12 Cases Cited: Lam v Rolls Royce PLC [2013] NSWSC 805 Lam v Rolls Royce PLC (No 3) [2015] NSWSC 83 Lam v Rolls Royce PLC (No 5) [2016] NSWSC 1332 Matthews v SVI Electricity Pty Limited (2013) 39 VR 255; [2013] VSC 17-23 Category: Procedural and other rulings Parties: Sandy Lam (Plaintiff) Rolls Royce PLC (Defendant) Representation: Counsel: M Hyland, solicitor (Plaintiff) N Chen SC; D Stretton (Defendant)