Moore v Scenic Tours Pty Limited (No.3) [2017] NSWSC 1555

Supreme Court New South Wales

Medium Neutral Citation: Moore v Scenic Tours Pty Limited (No.3) [2017] NSWSC 1555 Hearing dates: 15 November 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Jurisdiction: Common Law Before: Garling J Decision: See [5] Catchwords: CIVIL – representative action – common issues – answers – no point of principle. Legislation Cited: Australian Consumer Law Contracts Review Act 1980 Cases Cited: Moore v Scenic Tours Pty Ltd (No.2) [2017] NSWSC 733 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: David Moore (P) Scenic Tours Pty Limited (D) Representation: Counsel: A Abadee (P) D S Weinberger (D)

Solicitors: Somerville Legal Pty Ltd (P) McCabes Lawyers (D) File Number(s): 2014/223271 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. The first substantive judgment in these proceedings was delivered on 31 August 2017. For the reasons there expressed, I held that the plaintiff was entitled to judgment: see Moore v Scenic Tours Pty Ltd (No.2) [2017] NSWSC 733 (Moore (No.2)). This judgment assumes familiarity with Moore (No.2). In particular the reference to individual cruises by numbers accords with [13] in Moore (No.2). 2. The Court was also embarked during the hearing which preceded Moore (No.2) on the determination of identified issues which the parties thought were likely to be common. Those issues were set out in a document entitled "Amended Statement of issues" filed in Court on 13 May 2016. 3. In Moore (No.2), the parties were directed to bring in Short Minutes of Order setting out the answers to the questions contained in the Amended Statement of Issues for which each contended. 4. During the course of the hearing on 15 November 2017, and in large measure with the agreement of the parties, the terms in which those answers are to be given were determined. 5. It is appropriate to now set out those questions and answers given by the Court with respect to the identified common issues.