Dorrough C.J. v Bank of Melbourne Ltd [1995] FCA 785

CATCHWORDS PRACTICE AND PROCEDURE - Application to stay or strike out certain paragraphs of cross-claim - negligence - investment scheme involving life insurance policies - duty to disclose alleged - whether requisite special relationship of proximity established - whether duty of care to avoid economic loss - whether duty of utmost good faith and fair dealing - whether failure to speak in circumstances where silence would be misleading and deceptive conduct within s.52 of the Trade Practices Act 1974 (Cth) - requires reasonable expectation that information would be disclosed - whether breach of duty of utmost good faith by insurer sounds in damages. PRACTICE AND PROCEDURE - Application by respondent for leave to cross-claim - whether any right of indemnity under insurance policy vested in trustee in bankruptcy by virtue of s.117 of the Bankruptcy Act 1966 (Cth) - claim not a derivative action nor to enforce causes of action personal to bankrupt or trustee - interest sought to be advanced the separate interest of the insurer - whether proposed cross-respondent has standing in respect of respondent's cross-claim against third cross-respondent - whether claim notified within period of insurance or whether s.40(3) of the Insurance Contracts Act 1984 (Cth) applies a question of fact - possible estoppel or waiver of any non-compliance with contractual condition or breach of warranty - whether respondent's cross-claim against second cross-respondent untenable - contribution or indemnity between several contraveners of s.52 of the Trade Practices Act 1974 (Cth) - whether contribution may arise under the general law or in equity - consideration of discretionary issues. Trade Practices Act 1974 (Cth) ss.51A, 52, 87 Life Insurance Act 1945 (Cth) s.87 Bankruptcy Act 1966 (Cth) s.117 Insurance Contracts Act 1984 (Cth) s.40(3) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s.5 Federal Court Rules O.11 r.16, O.22 r.2(1)(a), O.6 r.8