Bullivant's Natural Health Products Pty Ltd ((ACN 010 008 616) v C F Planners Pty Limited (ACN 006 887 225)

Bullivant's Natural Health Products Pty Ltd (ACN 010 008 616) has commenced proceedings against C F Planners Pty Limited (ACN 006 887 225) and others, alleging breaches of fiduciary duty and misleading or deceptive conduct. Dr O'Hair, who is the second named second defendant, seeks to have the proceedings consolidated with two other actions. The other parties to the proceedings oppose the consolidation on several grounds, including the advanced stage of Bullivant's proceedings and the differing issues in the various actions. The court considered the nature of the claims and the issues in the proceedings, and concluded that consolidation would be appropriate in part. The court ordered that action no. 322 of 1996 be consolidated with action no. 450 of 1992, with certain conditions, and that the claims in action no. 322 of 1996 be reconstituted as third party proceedings in action no. 450 of 1992. The court also ordered that the three actions be placed on the List of Supervised Cases, and that Dr O'Hair pay the costs of and incidental to the application to consolidate of Phillips Fox.