Richmond Valley Council v Jardine Lloyd Thompson Pty Ltd [2019] NSWSC 126

Richmond Valley Council v Jardine Lloyd Thompson Pty Ltd [2019] NSWSC 126

The identities of current group members should be disclosed because the pleaded allegations were particularised by reference to dealings between RVC and JLT, the circumstances of advice to other councils may have differed, and disclosure would assist JLT to assess the allegations and respond. The possibility of ongoing arm's-length commercial relationships with JLT did not justify withholding the identities, and the evidence did not show a real risk that disclosure would stultify the proceeding. Disclosure of insurance procured outside the Scheme, and a timetable for RVC's evidence, were not necessary for efficient management at this stage.

Jurisdiction
Australia
Judgment Date
21 February 2019
Procedural Posture
Representative Proceedings Under Pt 10 of the Civil Procedure Act 2005 (nsw) / Case Conference and Interlocutory Directions in the Equity Commercial List
Outcome
Plaintiff directed to disclose the identities of current group members; defendant's other applications refused or not made at this stage.
Legal Topics
['identification of Group Members' 'opt in Class Action by Local Government Councils' 'disclosure in Representative Proceedings' 'commercial List Directions' 'insurance Broking Services']
['civil Procedure' 'representative Proceedings' 'insurance'] ['identification of Group Members' 'opt in Class Action by Local Government Councils' 'disclosure in Representative Proceedings' 'commercial List Directions' 'insurance Broking Services']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceedings Under Pt 10 of the Civil Procedure Act 2005 (nsw) / Case Conference and Interlocutory Directions in the Equity Commercial List

Legal Issues

  1. 1 ['Whether Richmond Valley Council should disclose to Jardine Lloyd Thompson Pty Ltd the identity of current group members who had consented in writing to being group members.' 'Whether Richmond Valley Council should disclose, for itself and each group member, the terms of any insurance procured during the Relevant Period otherwise than through the Scheme.' 'Whether an order should be made specifying the time by which Richmond Valley Council must serve its evidence.']

Ratio Decidendi

The identities of current group members should be disclosed because the pleaded allegations were particularised by reference to dealings between RVC and JLT, the circumstances of advice to other councils may have differed, and disclosure would assist JLT to assess the allegations and respond. The possibility of ongoing arm's-length commercial relationships with JLT did not justify withholding the identities, and the evidence did not show a real risk that disclosure would stultify the proceeding. Disclosure of insurance procured outside the Scheme, and a timetable for RVC's evidence, were not necessary for efficient management at this stage.

Court Disposition

Plaintiff directed to disclose the identities of current group members; defendant's other applications refused or not made at this stage.

Orders

  • ['Direct that the plaintiff disclose to the defendant the identities of the current group members in the proceedings by 5pm on 25 February 2019.' 'Direct that the defendant file and serve a Commercial List Response by 13 March 2019.' 'Stand the matter over for further directions on 15 March 2019.']