ABLE TOURS PTY LTD -v- MANN [No 2] [2013] WASC 96
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 96 | |
| Case No: | CIV:2198/2007 | 25 FEBRUARY 2013 | |
| Coram: | SIMMONDS J | 22/03/13 | |
| 37 | Judgment Part: | 1 of 1 | |
| Result: | Registrar's Report as varied adopted and to be given effect | ||
| B | |||
| PDF Version |
| Parties: | ABLE TOURS PTY LTD (ACN 067 420 080) PHILLIP JOHN MANN AAP SMART COACH PTY LTD (ACN 127 154 965) |
Catchwords: | Fiduciaries Fiduciary obligation Profits made in breach of fiduciary duty Liability to account Report by a registrar as to such profits Review of such a report Just allowances |
Legislation: | Rules of the Supreme Court 1971 (WA), O 35, O 45, O 51, O 60, O 61, O 67 Supreme Court Act 1935 (WA), s 51 |
Case References: | Able Tours Pty Ltd v Mann [2009] WASC 192 Barnes v Addy (1874) LR9ChApp 244 Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Gava v Grljusich (Unreported, WASCA, Library No 970492, 18 September 1997) Green & Clara Pty Ltd v Bestobell Industries Pty Ltd (No 2) [1984] WAR 32 Green & Clara Pty Ltd v Bestobell Industries Pty Ltd [1982] WAR 1 Hospital Products Ltd v United States Surgical Corp [1984] HCA 64; (1984) 156 CLR 41 Lord Provost of Edinburgh v Lord Advocate (1879) 4 App Cas 823 Mann v Able Tours Pty Ltd [2010] WASCA 59 PM Sulcs & Associates Pty Ltd v Daihatsu Australia Pty Ltd [2001] NSWSC 798 Re Jarvis, deceased [1958] 1 WLR 815; [1958] 2 All ER 336 Tuite v Exelby (1992) 25 ATR 81; (1992) 93 ATC 4293 United States Surgical Corp v Hospital Products International Pty Ltd [1983] 2 NSWLR 157 WA Fork Truck Distributors Pty Ltd v Jones [2003] WASC 102 Warman International Ltd v Dwyer [1995] HCA 18; (1995) 182 CLR 544 Wenco Industrial Pty Ltd v WW Industries Pty Ltd [2009] VSCA 191; (2009) 25 VR 119 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments v Westpoint Finance [2007] NSWCA 253 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Plaintiff
AND
PHILLIP JOHN MANN
First Defendant
AAP SMART COACH PTY LTD (ACN 127 154 965)
Second Defendant
Catchwords:
Fiduciaries - Fiduciary obligation - Profits made in breach of fiduciary duty - Liability to account - Report by a registrar as to such profits - Review of such a report - Just allowances
Legislation:
Rules of the Supreme Court 1971 (WA), O 35, O 45, O 51, O 60, O 61, O 67
Supreme Court Act 1935 (WA), s 51
Result:
Registrar's Report as varied adopted and to be given effect
(Page 2)
Category: B
Representation:
Counsel:
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Details
- AGLC
- ABLE TOURS PTY LTD -v- MANN [No 2] [2013] WASC 96
- Case
- [2013] WASC 96
- Decision Date
CaseChat Overview and Summary
In the case of Able Tours Pty Ltd v Mann [No 2], the plaintiff, Able Tours Pty Ltd, sought an account of profits made by the defendant, Mann, who was alleged to have breached his fiduciary duties. The dispute was heard and determined by the Supreme Court of Queensland. The plaintiff claimed that the defendant had made profits in breach of his fiduciary obligations, which required him to account for those profits to the plaintiff. The matter included a review of a report prepared by a registrar concerning the profits made by the defendant.
The legal issues before the court involved the nature and extent of the defendant's fiduciary obligations, the assessment of profits made in breach of those duties, and the appropriate remedy in the form of an account of profits. Additionally, the court needed to determine whether the allowances claimed by the defendant in relation to the profits were justified and to review the registrar's report on the matter. The court was tasked with examining the evidence and arguments presented by both parties to reach a decision on these complex issues.
The court, after carefully considering the evidence and arguments, found that the defendant had indeed breached his fiduciary duties and made profits as a result of that breach. The registrar's report, which detailed the profits made by the defendant, was largely affirmed, with some variations. The court held that the defendant was liable to account for the profits made in breach of his fiduciary duties. The court also assessed the allowances claimed by the defendant and determined that some adjustments were necessary to ensure just compensation was provided to the plaintiff. The court adopted the registrar's report, as varied, and ordered that it be given effect.
The legal issues before the court involved the nature and extent of the defendant's fiduciary obligations, the assessment of profits made in breach of those duties, and the appropriate remedy in the form of an account of profits. Additionally, the court needed to determine whether the allowances claimed by the defendant in relation to the profits were justified and to review the registrar's report on the matter. The court was tasked with examining the evidence and arguments presented by both parties to reach a decision on these complex issues.
The court, after carefully considering the evidence and arguments, found that the defendant had indeed breached his fiduciary duties and made profits as a result of that breach. The registrar's report, which detailed the profits made by the defendant, was largely affirmed, with some variations. The court held that the defendant was liable to account for the profits made in breach of his fiduciary duties. The court also assessed the allowances claimed by the defendant and determined that some adjustments were necessary to ensure just compensation was provided to the plaintiff. The court adopted the registrar's report, as varied, and ordered that it be given effect.
Orders
Orders of the court
Registrar's Report as varied adopted and to be given effect
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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