Moore v Scenic Tours Pty Ltd [2015] NSWSC 1777

Moore v Scenic Tours Pty Ltd [2015] NSWSC 1777

Leave to amend the Statement of Claim is granted because the amendments do not constitute a substantially new case, adequate particulars have been supplied via documentary evidence, and the defendant is in a position to know the case to be met. The court declines to order subgroups or class closure, finding these measures unnecessary given the commonality of issues and available information about group members.

Parties
Plaintiff: David Moore; Defendant: Scenic Tours Pty Ltd
Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Class Action / Interlocutory Directions/orders Regarding Amendment of Pleadings
Outcome
Leave to amend granted. Related procedural and costs orders made.
Legal Topics
Amendment of Pleadings, Class Action Procedure, Consumer Guarantees, Unconscionable Conduct, Unjust Contractual Terms, Class Closure, Subgroups
Civil Procedure Consumer Law Contract Law Amendment of Pleadings Class Action Procedure Consumer Guarantees Unconscionable Conduct Unjust Contractual Terms +2 more

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Parties

David Moore

Plaintiff

Scenic Tours Pty Ltd

Defendant

Procedural Posture

Class Action / Interlocutory Directions/orders Regarding Amendment of Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the Statement of Claim
  2. 2 Whether particulars of knowledge are adequate
  3. 3 Whether subgroup representation or class closure should be ordered

Ratio Decidendi

Leave to amend the Statement of Claim is granted because the amendments do not constitute a substantially new case, adequate particulars have been supplied via documentary evidence, and the defendant is in a position to know the case to be met. The court declines to order subgroups or class closure, finding these measures unnecessary given the commonality of issues and available information about group members.

Court Disposition

Leave to amend granted. Related procedural and costs orders made.

Orders

  • Grant leave to plaintiff to file and serve within seven days a Further Amended Statement of Claim, with specified amendments excluding cruise 9 and clarifying particulars.
  • Defendant to file any amended defence by 11 December 2015.