Allianz Australia Services Pty Limited v Wilson [2005] FCA 1783

FEDERAL COURT OF AUSTRALIA

Allianz Australia Services Pty Limited v Wilson [2005] FCA 1783 PRACTICE AND PROCEDURE – separate determination of question of liability where there are alleged breaches of fiduciary duty and contraventions of the Corporations Act that may require accounts of profit Corporations Act 2001 (Cth) ss 182, 183, 1317E, 1317H Federal Court Rules Order 29 rule 2 Australian National Industries Limited v Spedley Securities Limited (in liq) (1992) 26 NSWLR 411 Reading Australia Pty Limited v Australian Mutual Provident Society (1999) 217 ALR 495 Rhone-Poulenc Agrochimie SA v UIM Chemical Services Pty Limited (1985) 10 FCR 567 Bathox Australia Pty Limited v PJ SAS Trading Pty Limited [2004] FCA 1082 Tepko Pty Limited v Water Board (2001) 206 CLR 1 United Dominions Corporation Limited v Brian Proprietary Limited (1985) 157 CLR 1 Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41 ALLIANZ AUSTRALIA SERVICES PTY LIMITED & ANOR v PAUL WILSON NSD 972 of 2005 GRAHAM J 5 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 972 OF 2005

BETWEEN: ALLIANZ AUSTRALIA SERVICES PTY LIMITED

(ACN 002 947 257)

FIRST APPLICANT

CLUB MARINE LIMITED

(ACN 007 588 347)

SECOND APPLICANT

AND: PAUL WILSON

RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 5 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The question of liability be decided at a trial separately and before the trial of other questions in the proceedings. 2. The costs of the application for relief contained in paragraph 1 of the Applicants' Notice of Motion filed 25 November 2005 be costs in the trial of the separate question in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.