Jonsandi Transport Pty Ltd v Paccar Australia Pty Ltd [1999] FCA 876

Jonsandi Transport Pty Ltd v Paccar Australia Pty Ltd [1999] FCA 876

The sending of opt-out notices by the respondent was not invalid solely due to non-conformance with the form set out in the court order, as no injustice was suffered; notices received by respondent's solicitors are valid despite not being sent directly to the court or applicant's solicitors.

Jurisdiction
Australia
Judgment Date
22 June 1999
Procedural Posture
Representative Proceeding / Application Regarding Validity of Opt Out Notices
Outcome
Declarations made; notices held valid
Legal Topics
['representative Proceedings' 'opt Out Notices' 'court Orders']
['trade and Commerce'] ['representative Proceedings' 'opt Out Notices' 'court Orders']

Case Brief

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Procedural Posture

Representative Proceeding / Application Regarding Validity of Opt Out Notices

Legal Issues

  1. 1 ['Whether the sending of opt-out notices was invalid by reason of non-conformance with court order']

Ratio Decidendi

The sending of opt-out notices by the respondent was not invalid solely due to non-conformance with the form set out in the court order, as no injustice was suffered; notices received by respondent's solicitors are valid despite not being sent directly to the court or applicant's solicitors.

Court Disposition

Declarations made; notices held valid

Orders

  • ["Declare that the sending of opt-out notices by the respondent pursuant to the order of 29 April 1999 is not invalid by reason of the enclosure therewith of a notice informing the recipients that it is sufficient if they send one copy of the notice to the respondent's solicitors." "Declare that opt-out notices...