Able Tours Pty Ltd v Mann [No 2]

Case [2013] WASC 96


ABLE TOURS PTY LTD -v- MANN [No 2] [2013] WASC 96



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 96
Case No:CIV:2198/200725 FEBRUARY 2013
Coram:SIMMONDS J22/03/13
37Judgment 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
CITATION : ABLE TOURS PTY LTD -v- MANN [No 2] [2013] WASC 96 CORAM : SIMMONDS J HEARD : 25 FEBRUARY 2013 DELIVERED : 22 MARCH 2013 FILE NO/S : CIV 2198 of 2007 BETWEEN : ABLE TOURS PTY LTD (ACN 067 420 080)
    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.

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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