Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Investa Properties Pty Ltd v Nankervis (No 9) [2018] FCA 793 File number: QUD 231 of 2011
Judge: COLLIER J
Date of judgment: 31 May 2018
Catchwords: EQUITY – claim for equitable compensation for breach of fiduciary duty – where breaches of fiduciary duties related to non-disclosure – where loss claimed was the difference between market value and sale price of land – consideration of principles for the award of equitable compensation – consideration of test for causation in equity EQUITY – claim for equitable contribution – where cross-claimant and cross-respondent breached fiduciary duties – where cross-claimant and cross-respondent were under co-ordinate liability to make good any loss PRACTICE AND PROCEDURE – where findings relevant to valuation and remedies were made following trial – where no final orders as to remedies made in the primary proceeding – where issues of liability were the subject of an appeal before remedial orders were made – whether the primary judge has power to reconsider previous findings as to valuation where no final remedial orders had been made
Legislation: Corporations Act 2001 (Cth)
Cases cited: Albion Insurance Co Ltd v Government Insurance Office (NSW) (1969) 121 CLR 342 Aristocrat Technologies Australia Pty Ltd v IGT (Australia) Pty Ltd [2007] FCA 1529; (2007) 73 IPR 545 Banque Commerciale SA (En Liqn) v Akhil Holdings Ltd (1990) 169 CLR 279 Blackmagic Design Pty Ltd v Overliese [2011] FCAFC 24; (2011) 191 FCR 1 Brickenden v London Loan & Savings Co [1934] 3 DLR 465 Bromley v Bromley (No 2) [1965] P 111 Esposito v Commonwealth of Australia [2015] FCAFC 160 Furs Ltd v Tomkies (1936) 54 CLR 583 Harris v Digital Pulse Pty Ltd [2003] NSWCA 10; (2003) 56 NSWLR 298 HIH Claims Support Ltd v Insurance Australia [2011] HCA 31; (2011) 244 CLR 72 Investa Properties Pty Ltd v Nankervis (No 7) [2015] FCA 1004; (2015) 333 ALR 193 Maguire v Makaronis (1997) 188 CLR 449 Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd [2017] FCAFC 141; (2017) 348 ALR 385 Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd (No 2) [2017] FCAFC 175 Parker, In the matter of Purcom No 34 Pty Ltd (In Liq) (No 2) [2010] FCA 624 Stefanovski v Digital Central Australia (Assets) Pty Ltd [2018] FCAFC 31 Todorovic v Moussa [2001] NSWCA 419; (2001) 53 NSWLR 463 V-Flow Pty Limited v Holyoake Industries (Vic) Pty Limited [2013] FCAFC 16; (2013) 296 ALR 418 Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd [2016] FCAFC 150; (2016) 244 FCR 5 Wenkart v Pantzer [2006] FCA 1387
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