Matthews v SPI Electricity Pty Ltd (Ruling No 5)

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 4788 of 2009

CAROL ANN MATTHEWS Plaintiff
v
SPI ELECTRICITY PTY LTD (ACN 064 651 118) Defendant
SPI ELECTRICITY PTY LTD (ACN 064 651 118) Plaintiff by counterclaim
v
UTILITY SERVICES CORPORATION LIMITED (ACN 060 674 580) & ORS Defendants by counterclaim

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JUDGE:

J FORREST J

WHERE HELD:

Melbourne

DATE OF HEARING:

10 February 2012

DATE OF RULING:

9 March 2012

CASE MAY BE CITED AS:

Matthews v SPI Electricity and SPI Electricity Pty Ltd v Utility Services Corporation Ltd (Ruling No 5)

MEDIA NEUTRAL CITATION:

[2012] VSC 66

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PRACTICE AND PROCEDURE – Class action – Chapter 4A of the Supreme Court Act 1986 (Vic) – Use of sample group members process at trial – Liability for costs of sample group members – Whether the quantum of sample group members claims should be determined at trial.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr T Tobin SC
Mr L Armstrong
Maurice Blackburn Pty Ltd
For SPI Electricity Pty Ltd Mr B Quinn Freehills
For USC

Mr R Ray QC

Ms E Brimer

Holman Fenwick Willan
For the State parties Mr C Caleo SC
Mr M Rush
Norton Rose

HIS HONOUR:

Introduction

  1. The trial of this very large class action arising out of the Kilmore East Black Saturday bushfire is now ten months away. 

  1. Two issues have arisen concerning the role of sample group members (whose function I shall explain in a moment).  First, whether the Court should, at trial, assess each of their damages claims and second, whether there should be a declaration at this point in time as to their potential liability for costs in the event that their claims fail.

The use of sample group members in a class action trial

  1. One of the purposes of a claim conducted under the group proceeding provisions of Part IVA of the Supreme Court Act 1986 (Vic)[1] is for as many common issues as is practicable to be resolved at the one hearing, thus obviating the necessity for separate trials of the group members’ claims.  In Johnson Tiles Pty Ltd & Anor v Esso Australia Pty Ltd & Ors,[2] Gillard J said:

The object of a group proceeding procedure is to enable a proceeding to be brought by a substantial number of victims of an alleged wrong committed by the same wrongdoer, thereby pooling resources and ensuring the Court's resources are used efficiently and expeditiously. It has been recognised that an individual may be deterred from taking on a large financially secure party and the group proceeding legislation is aimed at enabling individuals to band together to bring a proceeding. The guiding principle of Part 4A, is justice. See s.33ZF.

In my opinion, it is important that the Court conducts group proceeding litigation in a practical manner and ensures that as many questions of law and fact having a degree of commonality are decided. Once the group proceeding is completed and if an…

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Details
Case
[2012] VSC 66
Decision Date

CaseChat Overview and Summary

Matthews and other plaintiffs brought a proceeding against SPI Electricity Pty Ltd in the County Court of Victoria, seeking damages for the electricity blackout in Melbourne in 2008. The case was brought as a class action under Chapter 4A of the Supreme Court Act 1986 (Vic). SPI Electricity contested the proceeding, arguing that the class action was not appropriate for the case. The court was required to decide on several issues, including whether the use of a sample group members process at trial was permissible, and whether the quantum of the sample group members' claims should be determined at trial.

The court held that the use of a sample group members process at trial was permissible, and that the quantum of the sample group members' claims should not be determined at trial. The court found that the sample group members process was an appropriate method to manage the class action, as it allowed for the efficient and fair resolution of the proceeding. The court also held that determining the quantum of the sample group members' claims at trial would be inappropriate, as it would be difficult to assess the losses of the entire class based on the sample group members' claims. The court held that the quantum of the sample group members' claims should be determined separately, after the liability of the defendant had been determined.

The court's decision provides guidance on the use of sample group members in class actions, and the appropriate timing for determining the quantum of claims. The decision also highlights the importance of considering the efficiency and fairness of the class action process when determining whether a proceeding is appropriate for certification as a class action. The final orders of the court are not provided in the text.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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