Shimshon v MLC Nominees
Court of Appeal
Sifris, Walker and Whelan JJA
20/12/2021
[2021] VSCA 363
Practice and procedure — Group proceeding under pt 4A of the Supreme Court Act 1986 (Vic) — Claim against superannuation fund trustees for breach of statutory and general law duties — Claim for restitution of account balances — Whether proceeding was one ‘concerning property subject to a trust’ — Whether proceeding validly commenced — Supreme Court Act 1986 (Vic), s 33B(2)(b)(ii)
Trusts and trustees — Superannuation — Nature of beneficiary’s interest in superannuation fund — Standing — Meaning of ‘loss or damage’ — Superannuation Industry (Supervision) Act 1993 (Cth), s 55(3)
Words and phrases — ‘proceeding ... concerning property subject to a trust’ — ‘loss or damage’
Read the judgment here.