Scenic Tours Pty Ltd v Moore (No 2)

Scenic Tours Pty Ltd was the defendant in representative proceedings brought by Mr. Moore, representing a group of individuals who had purchased tours from Scenic Tours. The dispute concerned allegations of misleading and deceptive conduct in relation to the tours. The matter came before the Court of Appeal of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was the determination of costs orders in relation to certain agreed common questions that had been answered by the court. The court was required to consider how the costs associated with these common questions should be allocated between the parties, particularly in light of the representative nature of the proceedings.

The Court of Appeal made an additional order regarding costs, directing that the Agreed Common Questions be answered in accordance with a specific document, Annexure A, which was attached to the court's reasons for judgment. This indicates that the court resolved the specific questions posed, and the costs orders would likely reflect this resolution and the outcome of those answers.