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Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Limited (Application to substitute applicant) [2021] FCA 984

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PRACTICE AND PROCEDURE - representative action - substitution of parties - where representative applicant's claim recently found to raise issues unlikely to affect most group members - where representative applicant's claim will involve substantial amendments to pleadings and further expert evidence - where substitution will not cause respondent to suffer any prejudice - where litigation of representative applicant's particular issues would distract from resolution of principal common questions - where representative applicant no longer wishes to remain as applicant but wishes to remain as group member - where person willing to be substituted as representative applicant - held: unwilling party should not be required to continue as representative applicant - substitution allowed.

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