Moussa v Camden Council [2021] NSWSC 1109

Moussa v Camden Council [2021] NSWSC 1109

The Court determined that the names and addresses of 56 registered Group Members should be provided to the Cornish Group to facilitate communication concerning property damage proposals, without need for Group Member consent, subject to constraints on the use and topic of communications, and provision of any geotechnical report supplied to Group Members to the plaintiff's solicitors.

Parties
Plaintiff: Danny Marielle Moussa; Defendant: Camden Council; Defendant: Cornish Group Spring Farm Pty Ltd; Defendant: Smec Testing Services Pty Ltd; Defendant: Smects Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Representative Action / Interlocutory Application
Outcome
Orders to be made in Chambers as per reasons; costs reserved.
Legal Topics
Representative Actions, Correspondence With Group Members
Civil Procedure Representative Actions Correspondence With Group Members

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Danny Marielle Moussa

Plaintiff

Camden Council

Defendant

Cornish Group Spring Farm Pty Ltd

Defendant

Smec Testing Services Pty Ltd

Defendant

Smects Holdings Pty Ltd

Defendant

Procedural Posture

Representative Action / Interlocutory Application

Legal Issues

  1. 1 Whether the Court should order provision of names and addresses of Group Members to the second defendant for correspondence regarding property damage proposals
  2. 2 Whether consent of Group Members is required before disclosure of their information
  3. 3 Appropriateness of amending communication content, protocol, and provision of geotechnical reports

Ratio Decidendi

The Court determined that the names and addresses of 56 registered Group Members should be provided to the Cornish Group to facilitate communication concerning property damage proposals, without need for Group Member consent, subject to constraints on the use and topic of communications, and provision of any geotechnical report supplied to Group Members to the plaintiff's solicitors.

Court Disposition

Orders to be made in Chambers as per reasons; costs reserved.

Orders

  • Names and addresses of 56 registered Group Members to be provided to the Cornish Group for communication purposes related to property damage and remediation proposals.
  • Any geotechnical report provided to a Group Member by the Cornish Group to be provided to the plaintiff's solicitors.