Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pandee Services Pty Limited (ACN 060 674 160) v Roberts [2007] FCA 68
PRACTICE AND PROCEDURE – Application to further amend an amended statement of claim – application should be allowed unless cause of action so untenable that it cannot possibly succeed – consideration of vicarious liability for breach of confidence – consideration of level of knowledge required for knowing participation in breach of fiduciary duty – consideration of accessorial liability under s 183(2) of Corporations Act 2001 (Cth) – application allowed in part. Corporations Act 2001 (Cth) ss 79, 182, 183 Federal Court Rules O 12 r 3 Northern Land Council v The Commonwealth (No 2) (1987) 75 ALR 210 cited Cubillo v The Commonwealth (1999) 89 FCR 528 cited Australian Competition and Consumer Commission v Alice Car & Truck Rentals Pty Ltd trading as Territory Rent-a-car [1997] FCA 129 cited General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Photo Production v Securicor Transport Limited [1980] AC 827 cited Coulthard v South Australia (1995) 63 SASR 531 cited Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 cited Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 cited Royal Brunei Airlines Sdn Bhd v Tan Kok Ming [1995] 2 AC 378 cited Twinsectra Ltd v Yardley [2002] 2 AC 164 cited Yeshiva Properties No 1 Pty Ltd and Others v Marshall (2005) 219 ALR 112 cited Short (as Executrix of the Estate of Short (decd)) v Crawley (No 25) [2005] NSWSC 928 cited The Bell Group Ltd (in liq) v Westpac Banking Corporation and Ors (No 5) [2004] WASC 273 cited Yorke v Lucas (1985) 158 CLR 661 cited Re HIH Insurance Ltd (In Liq) (2002) 41 ACSR 66 cited Fox v H Wood (Harrow) Ltd [1963] 2 QB 601 cited Pizer, J. 'Holding an Appointer Vicariously Liable for its Nominee Director's Wrongdoing – an Australian Roadmap' (1997) 15 C & SLJ 81 PANDEE SERVICES PTY LIMITED (ACN 060 674 160) v DAVID NICHOLAS ROBERTS AND ROBERT KYM WILDMAN AND MARGARET ANN WILDMAN AND GILBERT RAYMOND WILDMAN AND JENNIFER JANE WILDMAN (TRADING AS "WAREHOUSE MATRIX") SAD 147 OF 2005
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