Class actions involve a named representative plaintiff suing on
behalf of a defined group or class of persons. The group members
may not be identified by name in the proceeding. Such claims
frequently seek substantial amounts of compensation. An important
practical issue arose in this case which will be of interest to
insurers. This was whether the group members in the class action
(as distinct from the representative who was the named applicant in
the proceeding) were required to provide discovery to the
respondents. This included discovery of documents relevant to
assessing the quantum of the claims of group members.
Facts
In brief terms, the proceeding was a class action brought by
various shareholders against Multiplex companies concerning the
alleged failure to make adequate disclosure of losses suffered by
the Multiplex companies on the Wembley Stadium construction
project. A number of institutional investors were amongst the group
members. Multiplex sought
