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McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd [2017] FCA 947

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REPRESENTATIVE PROCEEDINGS - two overlapping open class proceedings against the same respondent - substantially the same claims and substantially the same causes of action - application for a permanent stay of one of the proceedings - whether permanent stay is appropriate - whether two proceedings should be consolidated - whether a "declassing" order should be made under s 33N(1) of the Federal Court of Australia Act 1976 (Cth) - whether closure of one class is appropriate - whether joint trial of both proceedings as open class proceedings is appropriate - application for a permanent stay of one of the proceedings refused - orders made to achieve closure of one class and to have a joint trial of both proceedings

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