Clark v National Australia Bank Limited [2019] FCA 933

Clark v National Australia Bank Limited [2019] FCA 933

Leave is granted to file and serve the amended originating application and further amended statement of claim because the claims concerning NAB Personal Loan Cover and NAB Credit Card Cover are sufficiently related, do not breach the Harman obligation, and satisfy the requirements for representative proceedings under s 33C of the Federal Court of Australia Act; practical and case management considerations favour granting leave.

Parties
Applicant: Samantha Clark; First Respondent: National Australia Bank Limited; Second Respondent: MLC Limited
Jurisdiction
Australia
Judgment Date
13 June 2019
Procedural Posture
Interlocutory Application in Representative Proceedings / Leave to File and Serve Amended Pleadings
Outcome
Leave granted to applicant to file and serve amended pleadings; trial date to be rescheduled.
Legal Topics
Use of Discovered and Subpoenaed Documents, Harman Undertaking, Leave to Amend Pleadings, Representative Proceedings, Federal Court of Australia Act S 33 C, Unconscionable Conduct, Misleading or Deceptive Conduct
Practice and Procedure Commercial Law Corporations Law Banking Law Insurance Law Use of Discovered and Subpoenaed Documents Harman Undertaking Leave to Amend Pleadings +4 more

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Parties

Samantha Clark

Applicant

National Australia Bank Limited

First Respondent

MLC Limited

Second Respondent

Procedural Posture

Interlocutory Application in Representative Proceedings / Leave to File and Serve Amended Pleadings

Legal Issues

  1. 1 Whether use of discovered and subpoenaed documents in amended pleadings breaches the implied Harman undertaking
  2. 2 Whether leave should be granted to file and serve amended originating application and statement of claim
  3. 3 Whether proposed amendments offend Part IVA of the Federal Court of Australia Act 1976 (Cth), in particular s 33C

Ratio Decidendi

Leave is granted to file and serve the amended originating application and further amended statement of claim because the claims concerning NAB Personal Loan Cover and NAB Credit Card Cover are sufficiently related, do not breach the Harman obligation, and satisfy the requirements for representative proceedings under s 33C of the Federal Court of Australia Act; practical and case management considerations favour granting leave.

Court Disposition

Leave granted to applicant to file and serve amended pleadings; trial date to be rescheduled.

Orders

  • The Applicant has leave to file and serve an amended Originating Application and a further amended Statement of Claim in substantially the form annexed to the affidavit of Andrew Paull dated 29 May 2019.
  • By 4.00pm on 14 June 2019, the Applicant file and serve the amended Originating Application and further amended Statement of Claim.