Lam v Rolls Royce PLC (No 2) [2014] NSWSC 204

Lam v Rolls Royce PLC (No 2) [2014] NSWSC 204

The plaintiff is only obliged to take reasonable further steps to obtain contact details for the remaining twenty-two passengers before consideration is given to carving them out of the class. Qantas, as a non-party required to attend court in respect of a proposal for compulsory information extraction, is entitled to an order for reasonable costs of its attendance on the ordinary basis.

Parties
Plaintiff: Sandy Lam; Defendant: Rolls Royce PLC Reg No 4706930; Applicant: Qantas Airways Limited
Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Class Action / Interlocutory Application, Directions Hearing
Outcome
Plaintiff ordered to pay Qantas’ reasonable costs of attending the directions hearing on the ordinary basis, payable forthwith. Proceedings otherwise adjourned for procedural steps regarding class identification and notification.
Legal Topics
Case Management, Obtaining Information From a Third Party, Composition of Class, Costs of Non Party
Civil Procedure Class Actions Case Management Obtaining Information From a Third Party Composition of Class Costs of Non Party

Case Brief

Summary, issues, holding and outcome

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Parties

Sandy Lam

Plaintiff

Rolls Royce PLC Reg No 4706930

Defendant

Qantas Airways Limited

Applicant

Procedural Posture

Class Action / Interlocutory Application, Directions Hearing

Legal Issues

  1. 1 Whether further orders should be made to compel Qantas (a non-party) to disclose contact details of remaining unidentified class members
  2. 2 Appropriate steps required before class members without contact details may be carved out from the class
  3. 3 Costs entitlement of a non-party required to attend directions hearing

Ratio Decidendi

The plaintiff is only obliged to take reasonable further steps to obtain contact details for the remaining twenty-two passengers before consideration is given to carving them out of the class. Qantas, as a non-party required to attend court in respect of a proposal for compulsory information extraction, is entitled to an order for reasonable costs of its attendance on the ordinary basis.

Court Disposition

Plaintiff ordered to pay Qantas’ reasonable costs of attending the directions hearing on the ordinary basis, payable forthwith. Proceedings otherwise adjourned for procedural steps regarding class identification and notification.

Orders

  • The proceedings be adjourned to 23 May 2014 at 10am.
  • The plaintiff to serve any proposed amended statement of claim by 12 May 2014 and email a copy to the Associate to Beech-Jones J by the same date.