Hassid v Queensland Bulk Water Supply Authority t/as Seqwater (No 2) [2017] NSWSC 1064

Hassid v Queensland Bulk Water Supply Authority t/as Seqwater (No 2) [2017] NSWSC 1064

Although the plaintiffs' defaults meant the Court had power to dismiss the proceedings, dismissal of group members' claims would be unjust because the represented group was broadly defined, opt out notices had not been sent, and many group members were likely unaware the proceedings had been brought on their behalf. The preferable course was to order under section 166(1) of the Civil Procedure Act 2005 that the proceedings no longer continue under Part 10 because the representative parties' defaults demonstrated that they could not adequately represent group members' interests. The plaintiffs' own claims were then dismissed by consent as a final determination of their rights to claim...

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Representative Proceedings Under Part 10 of the Civil Procedure Act 2005 Seeking Damages in Respect of Flooding in the Greater Brisbane Area in January 2011 / Ex Tempore Judgment on Defendants' Notices of Motion Seeking Dismissal or Alternative Relief, and Plaintiffs' Motion Concerning Adjournment, Security for Costs and Stay
Outcome
Proceedings ordered to no longer continue as representative proceedings under Part 10 of the Civil Procedure Act 2005; plaintiffs' own claims dismissed by consent with no order as to costs and existing costs orders vacated.
Legal Topics
['representative Proceedings Under Part 10 of the Civil Procedure Act 2005' 'order That Proceedings No Longer Continue as Representative Proceedings' 'adequacy of Representative Party' 'failure to Prosecute Proceedings Expeditiously' 'security for Costs' 'opt Out Notices' 'limitation Period Suspension']
['civil Procedure' 'representative Proceedings' 'limitation of Actions' 'costs'] ['representative Proceedings Under Part 10 of the Civil Procedure Act 2005' 'order That Proceedings No Longer Continue as Representative Proceedings' 'adequacy of Representative Party' 'failure to Prosecute Proceedings Expeditiously' 'security for Costs' 'opt Out Notices' 'limitation Period Suspension']

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Procedural Posture

Representative Proceedings Under Part 10 of the Civil Procedure Act 2005 Seeking Damages in Respect of Flooding in the Greater Brisbane Area in January 2011 / Ex Tempore Judgment on Defendants' Notices of Motion Seeking Dismissal or Alternative Relief, and Plaintiffs' Motion Concerning Adjournment, Security for Costs and Stay

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed or permanently stayed because the representative parties failed to prosecute them properly and failed to provide agreed security for costs' 'Whether the proceedings should instead no longer continue as representative proceedings under section 166(1) of the Civil Procedure Act 2005' "Whether dismissal of group members' claims would be unjust where opt out notices had not been sent and many group members were likely unaware of the proceedings"]

Ratio Decidendi

Although the plaintiffs' defaults meant the Court had power to dismiss the proceedings, dismissal of group members' claims would be unjust because the represented group was broadly defined, opt out notices had not been sent, and many group members were likely unaware the proceedings had been brought on their behalf. The preferable course was to order under section 166(1) of the Civil Procedure Act 2005 that the proceedings no longer continue under Part 10 because the representative parties' defaults demonstrated that they could not adequately represent group members' interests. The plaintiffs' own claims were then dismissed by consent as a final determination of their rights to claim...

Court Disposition

Proceedings ordered to no longer continue as representative proceedings under Part 10 of the Civil Procedure Act 2005; plaintiffs' own claims dismissed by consent with no order as to costs and existing costs orders vacated.

Orders

  • ['Order that pursuant to section 166(1) of the Civil Procedure Act these proceedings no longer continue under Part 10 of the Civil Procedure Act 2005.' "Direct the plaintiffs' solicitor to notify, by 16 August 2017, all persons who have instructed them to act, who have registered a claim with the plaintiffs'...