Ancient Order of Foresters in Victoria Friendly Society Limited v. Lifeplan Australia Friendly Society Limited & Anor

Lower Court Judgment

12/05/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)

[2017] FCAFC 74

16/06/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)

[2017] FCAFC 99

Catchwords

Equity – Account of profits – Corporations Act 2001 (Cth) ss 181-183, 1317H – Where appellant employed former employees of respondents – Where respondents brought claim against appellant for knowing assistance in former employees’ breaches of contractual and fiduciary duties and duties of confidence and involvement in contraventions of ss 181-183 – Where primary judge held appellant knowingly participated in breaches of fiduciary duties and duties of confidence but dismissed claim for account of profits on basis no profits attributable to use of confidential information or breaches of duties – Where Full Court held sufficient causal connection established and awarded account of profits in equity – Where Full Court also held facts constituting knowing participation amounted to involvement in contraventions of ss 181-183 and made same order for account of profits under s 1317H – Whether Full Court erred in finding sufficient causal connection – Whether Full Court erred in ordering account of profits calculated on basis of net present value of future potential profits where no profits actually made and without regard to accumulated losses incurred by appellant.

Short particulars