Regent Holdings Pty Ltd v Vic & Anor

(2012) 36 VR 424; [2012] VSCA 221

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Class actions
3. › Group proceedings under Part 4A
4. › Discovery and particulars against group members
5. › Whether group members may be required to provide discovery as to quantum before determination of representative party's claim
6. › Supreme Court Act 1986 (Vic), s 33ZF
1. Practice and Procedure
2. › Class actions
3. › Group proceedings under Part 4A
4. › Discovery to facilitate mediation
5. › Whether improper for court to order discovery for purpose of facilitating mediation
6. › Civil Procedure Act 2010 (Vic), Ch 2, ss 9, 22
1. Practice and Procedure
2. › Interlocutory orders
3. › Leave to appeal
4. › Discovery orders
5. › Whether sufficient doubt attends interlocutory discovery orders to warrant grant of leave to appeal
1. Practice and Procedure
2. › Discovery
3. › Group proceedings
4. › Closed class with common solicitors and litigation funder
5. › Whether nature of group proceeding as joint enterprise justifies procedural orders for group discovery

Quick Take

In closed class actions where all group members are represented by one firm and funded by a single litigation funder, the court may order group members to provide particulars and discovery as to quantum before determination of the representative party's claim, particularly to facilitate mediation. The Mobil Oil statement about group members not needing to take positive steps does not establish a universal principle applicable to all class actions. There is no principle that group discovery may only be ordered where demonstrably necessary for the determination of the representative party's claim.