Haselhurst v Toyota Motor Corporation Australia Ltd t/as Toyota Australia; Whisson v Subaru (Aust) Pty Ltd; Kularathne v Honda Australia Pty Ltd; Brewster v BMW Australia Ltd; Bond v Nissan Motor Co (Australia) Pty..

The proceedings involved appeals from interlocutory orders made in representative proceedings brought against various motor vehicle manufacturers, including Toyota Motor Corporation Australia Ltd, Subaru (Aust) Pty Ltd, Honda Australia Pty Ltd, BMW Australia Ltd, and Nissan Motor Co (Australia) Pty. The core dispute concerned the power of the court to make orders requiring group members to register to receive any settlement amount and barring unregistered group members from bringing subsequent proceedings against the defendants. The appeals were heard by Bell P, Macfarlan, Leeming and Payne JJA, and Emmett AJA in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal were whether the primary judge had the power under Part 10 of the *Civil Procedure Act 2005* (NSW) to make the interlocutory orders in question, and if so, whether the discretion to make those orders had miscarried. Specifically, the court considered the scope of s 183 of the Act, which deals with the court's power to make orders in representative proceedings, and whether it extended to barring unregistered group members from future claims and from receiving settlement funds.

The Court of Appeal allowed the appeals, finding that the primary judge had erred in making the orders. The court reasoned that while s 183 of the *Civil Procedure Act* grants broad powers to manage representative proceedings and facilitate settlement, it does not extend to making orders that effectively extinguish the rights of unregistered group members to pursue their claims or receive compensation without their express consent. The court held that such orders went beyond the intended scope of the legislation and constituted a miscarriage of discretion. Consequently, the court set aside the impugned orders and remitted the matters to the Equity Division for further consideration.