Scenic Tours Pty Ltd v Moore (No 2) [2018] NSWCA 300

Scenic Tours Pty Ltd v Moore (No 2) [2018] NSWCA 300

It is appropriate to adopt a broad brush approach to the allocation of costs given the mixed outcome and overlapping issues, and the responsibility of Mr Moore for procedural complexity. The agreed common questions and answers accurately reflect the conclusions reached and should be adopted.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Appeal / Costs and Additional Orders After Substantive Judgment
Outcome
Costs order affirmed; orders made for adoption of agreed common questions and answers
Legal Topics
['representative Proceedings' 'costs Orders' 'common Questions' 'consumer Guarantees']
['civil Procedure'] ['representative Proceedings' 'costs Orders' 'common Questions' 'consumer Guarantees']

Case Brief

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Procedural Posture

Appeal / Costs and Additional Orders After Substantive Judgment

Legal Issues

  1. 1 ['Appropriate answers to common questions in representative proceedings' 'Costs allocation in light of mixed outcome and conduct of parties']

Ratio Decidendi

It is appropriate to adopt a broad brush approach to the allocation of costs given the mixed outcome and overlapping issues, and the responsibility of Mr Moore for procedural complexity. The agreed common questions and answers accurately reflect the conclusions reached and should be adopted.

Court Disposition

Costs order affirmed; orders made for adoption of agreed common questions and answers

Orders

  • ['Set aside order 2 made by the primary Judge on 15 November 2017.' "Dismiss Group Members' claims for damages for disappointment and distress pursuant to s 267(4) of the ACL." 'Direct parties to file agreed Common Questions and Answers within fourteen days.' 'Order that costs of proceedings in the Common Law...