Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) [2021] FCA 984

Federal Court of Australia

Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) [2021] FCA 984 File number: NSD 220 of 2019

Judgment of: RARES J

Date of judgment: 13 August 2021

Catchwords: PRACTICE AND PROCEDURE – representative action – substitution of parties – where representative applicant's claim recently found to raise issues unlikely to affect most group members – where representative applicant's claim will involve substantial amendments to pleadings and further expert evidence – where substitution will not cause respondent to suffer any prejudice – where litigation of representative applicant's particular issues would distract from resolution of principal common questions – where representative applicant no longer wishes to remain as applicant but wishes to remain as group member – where person willing to be substituted as representative applicant – held: unwilling party should not be required to continue as representative applicant – substitution allowed.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 33Q, 33T, 33X, 33ZF Corporations Act 2001 (Cth) ss 647, 1041E Federal Court Rules 2011

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Oasis Fund Management Ltd v Royal Bank of Scotland NV [2010] NSWSC 584 Tongue v Tamworth City Council (2004) 141 FCR 233

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations