Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 613

Lifeplan Australia Friendly Society Ltd v Woff [2013] FCA 613

Leave was granted to join Foresters as a respondent and to file and serve a Statement of Claim consistent with reasons, but leave to plead a declaration of contravention against Foresters under s 1317E of the Corporations Act was refused as only ASIC may make such an application.

Parties
First Applicant: Lifeplan Australia Friendly Society Ltd ACN 087 649 492; Second Applicant: Funeral Plan Management Pty Ltd ACN 003 769 640; First Respondent: Noel Woff; Second Respondent: Richard Corby; Third Respondent: Funeral Planning Australia Pty Ltd ACN 050 727 015; Fourth Respondent: Ancient Order of Foresters in Victoria Friendly Society Limited
Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Interlocutory Application / Joinder and Procedural Directions
Outcome
Leave to join fourth respondent granted; proceeding removed from Fast Track; applicants to pay costs thrown away; leave to file Statement of Claim in terms consistent with reasons but without plea for declaration under s 1317E.
Legal Topics
Joinder of Parties, Fast Track Removal, Costs (thrown Away), Declaration of Contravention, Confidential Information, Copyright, Passing Off, Civil Conspiracy, Accessorial Liability
Practice and Procedure Corporations Copyright Joinder of Parties Fast Track Removal Costs (thrown Away) Declaration of Contravention Confidential Information +3 more

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Parties

Lifeplan Australia Friendly Society Ltd ACN 087 649 492

First Applicant

Funeral Plan Management Pty Ltd ACN 003 769 640

Second Applicant

Noel Woff

First Respondent

Richard Corby

Second Respondent

Funeral Planning Australia Pty Ltd ACN 050 727 015

Third Respondent

Ancient Order of Foresters in Victoria Friendly Society Limited

Fourth Respondent

Procedural Posture

Interlocutory Application / Joinder and Procedural Directions

Legal Issues

  1. 1 Whether leave should be granted to join the proposed fourth respondent
  2. 2 Whether the proceeding should be removed from Fast Track and proceed on pleadings
  3. 3 Whether the applicants should be granted leave to file and serve a draft Statement of Claim

Ratio Decidendi

Leave was granted to join Foresters as a respondent and to file and serve a Statement of Claim consistent with reasons, but leave to plead a declaration of contravention against Foresters under s 1317E of the Corporations Act was refused as only ASIC may make such an application.

Court Disposition

Leave to join fourth respondent granted; proceeding removed from Fast Track; applicants to pay costs thrown away; leave to file Statement of Claim in terms consistent with reasons but without plea for declaration under s 1317E.

Orders

  • Applicants granted leave to join Ancient Order of Foresters in Victoria Friendly Society Ltd as fourth respondent.
  • Proceeding removed from Fast Track and to proceed in the general list.