Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 2) [2021] FCA 1517

Federal Court of Australia Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 2) [2021] FCA 1517 File number: NSD 1736 of 2019

Judgment of: MARKOVIC J

Date of judgment: 3 December 2021

Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – common questions for determination at initial trial – application by applicant for question of aggregate damages to be determined at initial trial – where threshold issues require determination prior to consideration of quantum of aggregate damages – where question of aggregate damages arises only if applicant succeeds on liability case – where applicant has not identified proposed methodology for assessment of aggregate damages – where not known how existence of 'vested' and 'non-vested' classes of group members will affect calculation of aggregate damages – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 33V, 33Z Superannuation Industry Supervision Act 1993 (Cth) ss 52, 55

Cases cited: Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund [2021] FCA 999 Capic v Ford Motor Company Australia Pty Ltd [2021] FCA 715; (2021) 154 ACSR 235 Dillon v RBS Group (Australia) Pty Ltd (2017) 252 FCR 150 Gill v Ethicon Sarl (No 3) [2019] FCA 587; (2019) 369 ALR 175 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2003] VSC 27; (2003) ATR 81-692 Williams v Toyota Motor Corporation Australia Limited [2021] FCA 1425