Moore v Scenic Tours Pty Ltd (No.6) [2023] NSWSC 948

Approval is granted as the overall agreement and its terms for the settlement of proceedings as between the plaintiff (on behalf of group members) and the defendant is fair and reasonable, and in the interests of justice, taking into account the risks, complexity and potential costs savings compared with ongoing litigation.

Parties: Plaintiff: David Moore; Defendant: Scenic Tours Pty Ltd
Jurisdiction: Australia
Judgment Date: 14 July 2023
Procedural Posture: Representative Proceedings / Settlement Approval
Outcome: Settlement Approved; Proceedings Dismissed
Legal Topics: Representative Proceedings, Settlement Approval, Damages Distribution, Class Actions

Civil Procedure Representative Proceedings Settlement Approval Damages Distribution Class Actions

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8

Parties

David Moore

Plaintiff

Scenic Tours Pty Ltd

Defendant

Procedural Posture

Representative Proceedings / Settlement Approval

Legal Issues

1 Whether the proposed settlement of the representative proceedings should be approved pursuant to s 173 Civil Procedure Act 2005
2 Whether the distribution scheme and associated orders should be approved

Ratio Decidendi

Court Disposition

Settlement Approved; Proceedings Dismissed

Orders

Settlement as against the defendant is approved under sections 173 and 183 of the Civil Procedure Act 2005.
Distribution scheme is approved subject to certain amendments as set out in the judgment.