Rosebridge Nominees Pty Ltd v Commonwealth Bank of Australia [No 6]

[2014] WASC 203

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Practice and Procedure
2. › Parties
3. › Joinder of plaintiffs
4. › Application to join replacement trustee as plaintiff
5. › Whether right to claim damages under Trade Practices Act 1974 (Cth) s 82 vests in new trustee
6. › Trustees Act 1962 (WA), s 10
1. Trade Practices
2. › Remedies
3. › Damages under s 82
4. › Non-assignability of statutory cause of action
5. › Whether cause of action personal to person who suffered loss
6. › Trade Practices Act 1974 (Cth), s 82
1. Trusts
2. › Trustees
3. › Appointment of new trustee
4. › Vesting of trust property
5. › Whether statutory cause of action is trust property
6. › Trustees Act 1962 (WA), ss 6, 10
1. Practice and Procedure
2. › Parties
3. › Separate representation of co-plaintiffs
4. › Whether leave should be granted
5. › Rules of the Supreme Court 1971 (WA), O 18 r 6(2)

Quick Take

A right to claim damages under s 82 of the Trade Practices Act 1974 (Cth) cannot vest in a replacement trustee under s 10 of the Trustees Act 1962 (WA), notwithstanding that the right constitutes 'trust property', because the statutory remedy is personal to the person who suffered the loss. The entity that held the lease and carried on the business as trustee is the 'person who suffers loss or damage' for the purposes of s 82, not the trust or a replacement trustee.