Victorian Reports - Authoritative Law Reports Since 1870

MOIRA SHIRE COUNCIL and Another v JLT RISK SOLUTIONS PTY LTD

|Lyons JA

76 VR 340

MOIRA SHIRE COUNCIL and Another v JLT RISK SOLUTIONS PTY LTD Supreme Court of VictoriaLyons JA 19 January 2024[2024] VSC 4Practice and procedure — Group proceeding — Discontinuance — Application for leave to discontinue group proceeding — Whether discontinuance should be approved — Whether discontinuance unfair, unreasonable or adverse to group members — Whether notice to group members of application for discontinuance required — Supreme Court Act 1986 (Vic), ss 33V, 33X, 33Y.

Part 4A of the Supreme Court Act 1986 (Vic) (Act) concerned group proceedings. Section 33V(1) of the Act provided that ‘[a] group proceeding may not be settled or discontinued without the approval of the Court’.

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