PROCEDURE — civil — interlocutory issues — representative action commenced — whether discontinuance of representative proceedings should be ordered — s 166 Civil Procedure Act 2005- whether costs of representative proceedings likely to exceed costs of separate proceedings — whether all relief can be obtained by means of proceedings other than representative proceedings — whether representative proceedings will to provide an efficient and effective means of dealing with the claims of the group members — whether representative proceedings not resolving all issues in dispute is a sufficient basis for discontinuance — whether interests of justice for representation proceedings to be discontinued
PROCEDURE — civil — interlocutory issues — extensions of time — Limitation Act 1623 (Imp) — Limitation Act 1969 s 60G — whether separate question or determination for trial — representative proceedings commenced — time not common issue — whether appropriate to hear an issue applicable to named plaintiffs and not group members before principal issues — whether likely to increase delay and prejudice — whether would require duplication of evidence — whether would increase party costs and impact upon judicial resources — whether separate determination would best advance the overriding purpose of the Civil Procedure Act
Case Details
Citation[2014] NSWSC 83
CourtNSWSC
JurisdictionNew South Wales
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