Reading Australia Pty Ltd v Australian Mutual Provident Society

Case [1999] FCA 718


FEDERAL COURT OF AUSTRALIA

Reading Australia Pty Ltd v Australian Mutual Provident Society
[1999] FCA 718

PRACTICE AND PROCEDURE – Federal Court Rules – application for order that the question of liability be determined separately from the question of damages – principles that govern the circumstances in which an order will be made under O 29 r 2 – circumstances where general rule has been modified – whether “just and convenient” to make an order under O 29 r 2

Federal Court Rules, O 29 r 2

Chippendale Printing Co Pty Ltd v Commonwealth (1995) 17 ACSR 328, cited
Blurton v Minister for Aboriginal Affairs (1991) 29 FCR 442, cited
Pritchard v Racecage Pty Ltd (1996) 64 FCR 96 and on appeal, (1997) 72 FCR 203, cited
South Pacific Air Motive Pty Ltd v Magnus (1998) 157 ALR 443, cited
Comite Interprofessionnel des Vins des Cotes de Provence v Bryce (1996) 69 FCR 450, cited
Rhone-Poulenc Agrochimie SA v UIM Chemical Services Pty Ltd (1985) 10 FCR 567, cited
Landsal Pty Ltd (in liq) v REI Building Society (1993) 113 ALR 643, cited
Bass v Permanent Trustee Co Ltd [1999] HCA 9, cited
Jacobson v Ross [1995] 1 VR 337, cited
Nissan v Attorney-General [1970] AC 179, cited
CBS Productions Pty Ltd v O’Neill (1985) 1 NSWLR 601, cited
GMB Research & Development Pty Ltd v The Commonwealth [1997] FCA 934, cited
Arnold v Attorney-General for Victoria [1995] FCA 727, cited
Dr Martens Australia Pty Ltd v Bata Shoe Company of Australia Pty Ltd (1997) 75 FCR 230, cited

READING AUSTRALIA PTY LTD v AUSTRALIAN MUTUAL PROVIDENT SOCIETY, AMP INVESTMENTS LIMITED
NG 326 of 1997

BRANSON J
SYDNEY
1 JUNE 1999 (Publication of Reasons)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 326 of 1997

BETWEEN:

READING AUSTRALIA PTY LTD
(ACN 070-893-908)
Applicant

AND:

AUSTRALIAN MUTUAL PROVIDENT SOCIETY
(ACN 008-387-371)
First Respondent

AMP INVESTMENTS LIMITED
(ACN 001-777-591)
Second Respondent

JUDGE:

BRANSON J

DATE OF ORDER:

3 MAY 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

The application be dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 326 of 1997

BETWEEN:

READING AUSTRALIA PTY LTD
(ACN 070-893-908)
Applicant

AND:

AUSTRALIAN MUTUAL PROVIDENT SOCIETY
(ACN 008-387-371)
First Respondent

AMP INVESTMENTS LIMITED
(ACN 001-777-591)
Second Respondent

JUDGE:

BRANSON J

DATE:

3 MAY 1999 (Date of Order)
1 JUNE 1999 (Publication of Reasons)

PLACE:

SYDNEY

REASONS FOR DECISION

INTRODUCTION

  1. Pursuant to a notice of motion dated 3 March 1999, filed on 15 March 1999, the applicant moved for an order under O 29 r 2 of the Federal Court Rules that the question of liability be determined separately from the question of damages in this proceeding.  On 3 May 1999 I dismissed the motion.  I indicated at that time that I would give reasons…

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AGLC
Reading Australia Pty Ltd v Australian Mutual Provident Society [1999] FCA 718
Case
[1999] FCA 718
Decision Date

CaseChat Overview and Summary

The case of Reading Australia Pty Ltd versus Australian Mutual Provident Society involved a dispute between a property developer and an insurance company. The developer sought to have the questions of liability and damages decided separately in accordance with Order 29 Rule 2 of the Federal Court Rules. The developer argued that it would be just and convenient to make such an order due to the complexity of the issues and the potential for prejudice in determining both issues simultaneously. The insurance company opposed the application, arguing that the developer had not shown that the general rule against separate determinations of liability and damages had been met.

The court was required to determine whether the general rule against separate determinations of liability and damages had been met in this case, and whether it was just and convenient to make an order under Order 29 Rule 2 of the Federal Court Rules. The court considered the principles that govern the circumstances in which such an order will be made, and whether the developer had demonstrated that the general rule had been modified in this case. The court also considered whether the developer had shown that it would be just and convenient to make such an order.

The court found that the developer had not demonstrated that the general rule against separate determinations of liability and damages had been met. The court held that the developer had not shown that it would be just and convenient to make an order under Order 29 Rule 2 of the Federal Court Rules. The court dismissed the developer's application for an order that the question of liability be determined separately from the question of damages. The insurance company was not required to pay any costs of the application.

Orders

Orders of the court

The application be dismissed.

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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