Innes v AAL Aviation Limited [2017] FCAFC 202

FEDERAL COURT OF AUSTRALIA

Innes v AAL Aviation Limited [2017] FCAFC 202 Appeal from: Brewer v AAL Aviation Limited [2016] FCA 93

File numbers: ACD 12 of 2016 ACD 13 of 2016

Judges: TRACEY, BROMBERG AND WHITE JJ

Date of judgment: 12 December 2017

Catchwords: SUPERANNUATION – Commonwealth statutory arrangements for superannuation – appellants claimed to have been wrongfully denied entry into Commonwealth schemes – whether employees were 'permanent employees' or 'temporary employees' NEGLIGENCE – claims for negligent misrepresentation – appellate approach to review of factual findings of trial judge – whether trial judge erred in finding that the essential elements of a claim of negligent misrepresentation had not been established NEGLIGENCE – claims for negligence generally arising from representations about operation of superannuation schemes – duty of care for pure economic loss – whether one appellant had been vulnerable in the requisite sense to a want of care by the respondent. LIMITATION OF ACTIONS – where negligence of employer alleged to have occurred in the 1970s deprived an employee of a future statutory entitlement to superannuation benefits – discussion of Commonwealth v Cornwell (2007) 229 CLR 519 – whether nature of benefits were distinguishable from those considered in Cornwell to be prospective and contingent and not capable of constituting loss

Legislation: Australian Airlines (Conversion to Public Company) Act 1988 (Cth) Australian National Airlines Act 1945 (Cth) ss 17, 18 Evidence Act 1995 (Cth) ss 59, 62, 63 Superannuation Act 1922 (Cth) ss 4(6), 51 Superannuation Act 1942 (53 of 1942) (Cth) Superannuation Act 1971 (46 of 1971) (Cth) Superannuation Act 1976 (Cth) ss 3, 3(1), 11, 12, 13, 16(2), 25, 45, 53(2), 80, 111, 136, 137, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, Pts V, VI, IX Statutory Rule 181 of 1980 (Cth) Statutory Rule No 20 of 1952 (Cth) reg 4 Superannuation (CSS) Former Eligible Employees' Regulations 1986 (Cth) reg 15B, Sch 11 Limitation Act 1935 (WA) s 38 Limitation Act 2005 (WA) s 13 Limitation of Actions Act 1958 (Vic) Retirement Benefits Act 1970 (Tas)