Lam v Rolls Royce PLC (No 5) [2016] NSWSC 1332

Lam v Rolls Royce PLC (No 5) [2016] NSWSC 1332

Unregistered group members, having failed to register their claims or apply for leave after being notified and given reasonable opportunity, may have their claims dismissed and finally determined under the Court’s general powers pursuant to s 183 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Representative Action / Application for Final Dismissal of Claims by Unregistered Group Members
Outcome
The claims of non-registered group members are dismissed and such dismissal operates as a final determination of their rights.
Legal Topics
['representative Proceedings' 'class Closure' 'final Determination of Claims']
['civil Procedure'] ['representative Proceedings' 'class Closure' 'final Determination of Claims']

Case Brief

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Procedural Posture

Representative Action / Application for Final Dismissal of Claims by Unregistered Group Members

Legal Issues

  1. 1 ["Whether the Court can dismiss the claims of unregistered group members in a representative action and finally determine their rights in advance of the representative plaintiff's claim"]

Ratio Decidendi

Unregistered group members, having failed to register their claims or apply for leave after being notified and given reasonable opportunity, may have their claims dismissed and finally determined under the Court’s general powers pursuant to s 183 of the Civil Procedure Act 2005 (NSW).

Court Disposition

The claims of non-registered group members are dismissed and such dismissal operates as a final determination of their rights.

Orders

  • ['All claims by group members for damages or other relief against the defendant arising out of the events onboard QF32 on 4 November 2010 who have not registered in accordance with the 27 March 2015 orders and are listed in annexure A are dismissed pursuant to s 183 Civil Procedure Act 2005 (NSW).' 'The dismissal of...