Richmond Valley Council v JLT Risk Solutions Pty Ltd (Merck Orders No 2)

In the matter of Richmond Valley Council v JLT Risk Solutions Pty Ltd, the dispute involved an application for a Merck order under the Civil Procedure Act 2005 (NSW). The court was asked to determine whether the council could proceed with its representative proceeding against the defendant. The case was heard in the Supreme Court of New South Wales.

The primary legal issues were whether the council was a representative person as defined by the Civil Procedure Act 2005 (NSW), and whether the court should grant a Merck order permitting the council to represent the interests of the class of persons affected by the alleged misleading and deceptive conduct of the defendant. The court needed to consider the criteria for a representative proceeding and the requirements for a Merck order.

The court held that the council was a representative person because it represented the interests of the affected class, and the proceedings were in the public interest. The court also found that the council had a sufficient connection to the claims of the class and the subject matter of the proceeding. The court emphasised the need for careful consideration when making a Merck order, noting that the court should not usurp the role of the legislature or exceed its jurisdiction. The court also clarified that a Merck order cannot be used to address matters outside the scope of the proceeding or to grant relief that is not available to the class. The court granted the council’s application for a Merck order, subject to certain conditions and clarifications.

The final orders included the grant of a Merck order to the council, with conditions that the council must act in the best interests of the class, provide adequate notice to the class, and ensure that the proceedings are conducted fairly and efficiently. The court also ordered that the defendant provide a written response to the proceedings within a specified timeframe.