Leximed Pty Ltd v Morgan

Leximed Pty Ltd v Morgan concerned a dispute between the owners of Leximed, a company involved in providing medico-legal opinions, which was conducted as a trustee of two trusts controlled by the company’s owners. The dispute centred on the obligations of the respondent, Dr. Morgan, who was contracted to provide medico-legal opinions. The key issues were whether Dr. Morgan was a party to the partnership agreement governing Leximed's operations and whether he was obligated to provide information and documentation regarding the number of medico-legal appointments during certain periods. Additionally, the case examined whether Dr. Morgan’s duties as a director imposed any obligation on him to provide the requested information.

The court found that Dr. Morgan was not a party to the partnership agreement and, therefore, was not contractually bound by its terms, including the requirement to provide specific information about medico-legal appointments. The court also concluded that there was no basis to imply a term that would require Dr. Morgan to provide such information regardless of whether the 10% limit on medico-legal appointments had been exceeded. The court further held that Dr. Morgan did not breach his duties as a director by causing Leximed to enter the partnership agreement, and there was no evidence to support that he had done so. The information sought by Leximed had already been provided in a special referee's report, though the report had a minor error regarding the number of appointments for 2014.

The court accepted the special referee’s findings except for the number of medico-legal patient appointments for the calendar year 2014. The application for the special referee to provide a further report or explanation was refused, and the originating application was dismissed.