Lam v Rolls Royce PLC (No 3) [2014] NSWSC 657

The Court has the statutory power to order the exclusion of named individuals from a class action where it is practical and facilitates justice, as permitted under ss 157(1) and 183.

Jurisdiction: Australia
Judgment Date: 23 May 2014
Procedural Posture: Class Action / Interlocutory Application
Outcome: Statement of claim amended to carve out named individuals from the class.
Legal Topics: ['class Actions' 'representative Proceedings' 'class Definition' 'opt Out Notice']

['civil Procedure' 'common Law'] ['class Actions' 'representative Proceedings' 'class Definition' 'opt Out Notice']

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Procedural Posture

Class Action / Interlocutory Application

Legal Issues

1 ['Whether the Court can and should exclude specific persons from the description of the class in a class action']

Ratio Decidendi

The Court has the statutory power to order the exclusion of named individuals from a class action where it is practical and facilitates justice, as permitted under ss 157(1) and 183.

Court Disposition

Statement of claim amended to carve out named individuals from the class.

Orders

["Pursuant to s 183 of the Civil Procedure Act 2005 (NSW), paragraph 15 of the statement of claim is amended by adding at the end: 'except M. Mahendran, Gloria Ubedafortuny and Zuzana Kent'."]