20-3-23 / Damian Clothier KC, James Green — Class Actions
Damian Clothier KC and James Green appeared for the defendant, Gladstone Ports Corporation, in an application by representative parties to amend their statement of claim to introduce new allegations regarding the design and construction of a large infrastructure project. The application concerned the interpretation of r 376 of the UCPR,…
19-3-21 / Damian Clothier KC, Michael May — Class Actions
This was a costs determination following the Court’s dismissal of an application seeking dispensation of the rules regarding disclosure of expert reports in the context of reports to be obtained for the purposes of mediation in a class action. The Court held in favour of the Respondents by rejecting the Applicant’s submission that costs be…
12-2-21 / Damian Clothier KC, Michael May — Class Actions
The plaintiffs in a class action applied to modify the rule which abrogates privilege in respect of expert reports, so that a group-wide loss report obtained for the purposes of mediation would maintain its without prejudice privilege. The court concluded that to dispense with the requirement for mediation reports to…
25-6-20 / Damian Clothier KC, Michael May — Class Actions
This was an interlocutory dispute about disclosure and about the form and quantum of security for costs to be provided in a class action (including whether security by way of a guarantee from a third party after-the-event insurer remained adequate security despite financial uncertainty arising from the Covid-19 crisis). Damian…
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