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EL-HELOU v MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD and Others

|Nichols J
77 VR 51
EL-HELOU v MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD and Others Supreme Court of VictoriaNichols J 7, 17 April 2025[2025] VSC 211Practice and procedure — Group proceeding — Application for leave to amend group definition — Application to strike out pleadings — Adequacy of group definition — Group member defined as person who acquired motor vehicle containing ‘defeat device’ — Existence of ‘defeat device’ a fact in issue — Definition of ‘defeat device’ technical — Whether definition permitted ascertainment of group members — Whether amendment unfair or unreasonable — Whether adverse to interests of group members — Supreme Court Act 1986 (Vic), s 33H.

Section 33H(2)(a) of the Supreme Court Act 1986 (Vic) (Act) required a plaintiff in a group proceeding to describe or otherwise identify group members to whom the proceeding related. Section 33K(1) of the Act required an application for leave to alter the description of a group.

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77 VR 51

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