Hardy v Reckitt Benckiser (Australia) Pty Limited [2017] FCA 341

The court was not satisfied that discretionary considerations favoured making a class closure order before the initial trial; such an order is not in the interests of justice at this stage.

Jurisdiction: Australia
Judgment Date: 31 March 2017
Procedural Posture: Representative Proceeding / Interlocutory Application Prior to Initial Trial
Outcome: Interlocutory application dismissed with costs.
Legal Topics: ['representative Proceedings' 'class Closure Orders' 'misleading or Deceptive Conduct']

['practice and Procedure' 'commercial Law' 'consumer Law'] ['representative Proceedings' 'class Closure Orders' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Representative Proceeding / Interlocutory Application Prior to Initial Trial

Legal Issues

1 ['Whether a class closure order should be made prior to the initial trial in a representative proceeding under Pt IVA FCA Act 1976']

Ratio Decidendi

The court was not satisfied that discretionary considerations favoured making a class closure order before the initial trial; such an order is not in the interests of justice at this stage.

Court Disposition

Interlocutory application dismissed with costs.

Orders

["The respondent's interlocutory application filed 10 March 2017 be dismissed with costs."]