Amom v State of NSW [2015] NSWSC 2114
The Court adjourned the applicant's motion for leave to opt out, reserving all questions of costs and noting that at the stage of final settlement approval, any real and established prejudice to the applicant can be considered, given the supervisory powers of the Court in representative proceedings.
- Jurisdiction
- Australia
- Judgment Date
- 31 July 2015
- Procedural Posture
- Representative Proceedings / Interlocutory Application (adjournment and Costs Reservations on Amended Notice of Motion)
- Outcome
- Adjourned application and reserved costs; no declaration or orders made under Amended Notice of Motion.
- Legal Topics
- ['representative Proceedings' 'opt Out Applications' 'settlement Approval']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Representative Proceedings / Interlocutory Application (adjournment and Costs Reservations on Amended Notice of Motion)
Legal Issues
- 1 ['Whether leave should be granted for a group member to opt out of representative proceedings' 'Whether the applicant would suffer unfairness or prejudice by remaining a member of the group']
Ratio Decidendi
The Court adjourned the applicant's motion for leave to opt out, reserving all questions of costs and noting that at the stage of final settlement approval, any real and established prejudice to the applicant can be considered, given the supervisory powers of the Court in representative proceedings.
Court Disposition
Adjourned application and reserved costs; no declaration or orders made under Amended Notice of Motion.
Orders
- ['Adjourn that Amended Notice of Motion' 'Reserve all questions of costs as arising from the Amended Notice of Motion']
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