Barbara Ann O’Sullivan v Challenger Managed Investments Ltd [2007] NSWSC 383

New South Wales Supreme Court

CITATION : Barbara Ann O'Sullivan v Challenger Managed Investments Ltd [2007] NSWSC 383

HEARING DATE(S) : 12/12/06

JUDGMENT DATE : 24 April 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : See paragraphs 74-75 of judgment.

CATCHWORDS : PROCEDURE – Supreme Court procedure – New South Wales – Procedure under Rules of court – Parties – Representative orders – "Same interest" – What constitutes – Parties have the "same interest" where declaration sought in which represented persons have a "common interest" and would benefit from such declaration – Claim for damages cannot be maintained on behalf of represented persons – Order that leave to bring representative action will be granted if pleadings amended so that representative action only brought in respect of declaration in which represented persons have the same interest – Uniform Civil Procedure Rules 2005 (NSW) r 7.4. - PROCEDURE – Supreme Court procedure – New South Wales – Procedure under Rules of court – Parties – Whether court should order that proceedings not be carried on as representative proceedings – Potential for multiplicity of proceedings – No less convenient for proceedings to be brought as representative proceedings than as an action with multiple plaintiffs under r 6.19 – No sufficient reason to order that plaintiff cannot seek declaration in representative action – Uniform Civil Procedure Rules 2005 (NSW) r 6.19, r 7.5.

Uniform Civil Procedure Rules 2005 (NSW) Australian Securities and Investments Commission Act 2001 (Cth) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Fair Trading Act 1987 (NSW) Credit Act 1984 (NSW) Trade Practices Act 1974 (Cth)