Moore v Scenic Tours Pty Ltd

The matter before the court involved an application by Scenic Tours Pty Ltd to amend its Statement of Claim in a class action proceeding. The plaintiffs in the class action sought damages for breach of Australian Consumer Law and misleading and deceptive conduct. The court was required to decide whether the proposed amendments reflected a new case, whether the allegation of knowledge was adequately particularised, whether subgroups should be appointed, and whether orders for "class closure" should be made.

The court found that the proposed amendments did reflect a new case, as they introduced a novel cause of action based on the concept of "joint and several liability." The court also found that the allegation of knowledge was adequately particularised, as the plaintiffs had provided sufficient detail to allow the defendants to respond to the allegations. The court declined to appoint subgroups, finding that the proposed subgroups were not sufficiently distinct to warrant separate treatment. Finally, the court made orders for "class closure," meaning that the class action would proceed with the existing plaintiffs and no further plaintiffs would be added to the class.

The court's orders were that the amended Statement of Claim be allowed, that the allegation of knowledge be deemed adequately particularised, that no subgroups be appointed, and that orders for "class closure" be made. These orders mean that the class action will proceed with the existing plaintiffs, and no further plaintiffs will be added to the class. The defendants will now need to prepare to defend the novel cause of action based on "joint and several liability," while also defending the existing claims of misleading and deceptive conduct and breach of Australian Consumer Law.