Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund [2021] FCA 999

Federal Court of Australia

Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund [2021] FCA 999 File number: NSD 1736 of 2019

Judgment of: MARKOVIC J

Date of judgment: 23 August 2021

Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – application by respondent for appointment of sample group member – where issues to be resolved at trial include whether a group member whose entitlement to access their benefits at the relevant time had not vested could have suffered loss – whether appointment of sample group member necessary to avoid requiring determination of a hypothetical and advisory question – where applicant's entitlement to access their benefits had vested at the relevant time – where risk of determination of a hypothetical and advisory question if no sample group member appointed – application allowed

Legislation: Federal Court of Australia Act 1976 (Cth) s 33Q

Cases cited: Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 2) [2020] FCA 1355; (2020) 148 ACSR 14 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Dillon v RBS Group Australia Pty Ltd (2017) 252 FCR 150 Dyczynski v Gibson [2020] FCAFC 120; (2020) 381 ALR 1 Santa Trade Concerns Pty Ltd v Robinson (No 2) [2018] FCA 1491

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 31