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Professional and Management Liability Gazette
Contents
Financial Advisors and
Accountants
Boorer v HLB Mann Judd (NSW) Pty Ltd
[2014]
NSWCA 100
Accountant’s role in the disqualification by ASIC of
company directors.
Razdan v Westpac Banking Corporation
[2014]
NSWCA 126
Misrepresentation by a bank officer about the point at
which there would be a margin call, reliance, equitable
remedies.
Financial Ombudsman Services Ltd v Pioneer
Credit Acquisition Services Pty Ltd
[2014] VSC
172
Consideration of contract terms (implied and express)
between Financial Ombudsman Services Ltd and
member for external dispute resolution service.
Director’s Liability
Fishinthenet Investments Pty Ltd and Coastal
Waters Seafood Pty Ltd
[2014] NSWSC 260
Application for grant of leave by shareholder to bring
derivative proceedings against former directors pursuant
to section 237 of the Corporations Act 2001 (Cth).
Invion Limited v SGB Jones Pty Ltd & Ors
[2014] QSC 97
Consideration of dishonest conduct and breach of
fiduciary duty of company directors and the application of
directors and officers liability insurance.
Damages
Jamieson v Westpac Banking Corporation
[2014] QSC 32
Consideration of the appropriate measure of loss for
failed investments on a no transaction basis.
Solicitors and Barristers
King v Benecke
[2013] NSWSC 568
Consideration of breach of duty and retainer by solicitor.
Polon v Dorian
[2014] NSWSC 571
Consideration of the existence of a duty of care and
implied retainer between a solicitor and non-client, and
the application of proportionate liability.
Policy Interpretation
Amlin Corporate Member Ltd v Austcorp Project
No 20 Pty Ltd
[2014] FCAFC 78
Consideration of the definition of ‘Claim’ in a professional
indemnity policy of insurance.
Kyriackou v ACE Insurance Ltd
[2013] VSCA 150
Whether ASIC proceedings constituted a claim for the
purposes of a professional indemnity policy, and whether
they involved a breach by the insured director of a
‘professional’ duty.
Procedure
Cash Converters International Ltd v Gray
[2014]
FCAFC 111
Consideration of the Federal Court of Australian Act rules
relating to class actions against multiple respondents –
whether each group member must have a claim against
each respondent.
Brokers
Swansson v Harrison & Ors
[2014] VSC 118
Where the plaintiff sued his insurance advisor for the loss
of an insurance policy that, had it not been cancelled,
would have paid out upon the plaintiff’s terminal cancer
diagnosis.
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