Third-party litigation funding of representative proceedings does not per se constitute champerty or abuse of process in NSW, even where the funder controls the litigation and takes a substantial share of any recovery. The 'same interest' requirement in Pt 8 r13 is satisfied where there are common issues of law and fact across the class, and the possibility that individual defences may defeat some class members' claims does not preclude representative proceedings. The Roxborough cause of action for money had and received on the basis of total failure of consideration is assessed objectively by reference to the contractual arrangements, not the subjective intent of the individual payer. Discovery may be ordered against defendants to identify class members for the purpose of an opt-in procedure.
The full text is available to signed-in members, including the 58 later cases that cite this judgment.
7 of the 58 citing cases carry a classified treatment. How each court treated it is available to signed-in members.