The Court granted leave to discontinue a group proceeding that had never been served on the defendants or notified to group members, holding that the proper test for discontinuance approval is whether the discontinuance is not unfair, unreasonable or adverse to group members, and that a discontinuance constitutes a 'determination' of the proceeding under s 33ZE(2) of the Supreme Court Act 1986 (Vic) such that suspended limitation periods recommence without the need for a specific court order.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.