Forestview Nominee Pty Ltd v Perron Investments Pty Ltd [1999] FCA 405

FEDERAL COURT OF AUSTRALIA

Forestview Nominees Pty Ltd v Perron Investments Pty Ltd [1999] FCA 405 PROCEDURE – contempt – disobedience of orders of court – liability of principal for omission of solicitor in disobedience of court order. PROFESSIONS AND TRADES – lawyers – solicitor and client – authority – litigation – obligation to comply with order of court – whether liability to fail to comply with such order. Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98, considered Witham v Holloway (1995) 183 CLR 525, considered Hinch v Attorney-General Victoria (1987) 164 CLR 15, considered Re Bramblevale Ltd [1970] Ch 128, considered Knight v Clifton [1971] Ch 700, considered Stancomb v Trowbridge UDC [1910] 2 Ch 190, considered Yorke v Lucas (1985) 158 CLR 661, considered Giorgianni v The Queen (1985) 156 CLR 473, considered Heatons Transport (St Helens) Ltd v Transport and General Workers' Union [1973] AC 15, distinguished In Re: Supply of Ready Mixed Concrete (No 2) [1995] 1 AC 456, considered Tesco Supermarkets Ltd v Nattrass [1972] AC 153, considered Mousell Brothers Ltd v London and North-Western Pacific Railway Co [1917] 2 KB 836, considered H L Bolton (Engineering) Co Ltd v T J Graham & Sons Ltd [1957] 1 QB 159, considered Rantzen v Rothschild (1865) 14 WR 96, considered Director of Fair Trading v Pioneer Concrete (UK) Ltd [1995] 1 AC 457, considered Prestwich v Poley (1865) 18 CB (NS) 805, considered Re Newen; Carruthers v Newen [1903] 1 Ch 812, considered Griffiths v Evans [1953] 1 WLR 1424 (CA), considered Spedley Securities Ltd v Bank of New Zealand (1991) 26 NSWLR 711, considered Maxwell; Re a Bill of Costs (1955) 72 WN (NSW) 333, considered In Re Freston (1883) 11 QBD 545, discussed Seldon v Wilde [1911] 1 KB 701, discussed Colonial Mutual Life Assurance Society Ltd v The Producers and Citizens Co‑operative Insurance Co of Australia Ltd (1931) 46 CLR 41, followed