Jones, Griffith Morgan & Ors v Mortgage Acceptance Nominees Ltd & Ors [1996] FCA 102

Jones, Griffith Morgan & Ors v Mortgage Acceptance Nominees Ltd & Ors [1996] FCA 102

Mr Done is entitled to an order for contribution from other respondents under s.5(1) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), and if not, then under common law and equitable principles, as all liable respondents had a common or coordinate obligation for the damage suffered; no double recovery by...

Source-derived case information.

Parties
Applicant: Griffith Morgan Jones; Applicant: Frederick Lance Mesh; Applicant: Earle Wilfred Bailey; Applicant: Thomas Alfred Inglis Braye; Applicant: Jeffrey Wall; Applicant: Brian David Thornton; Applicant: Kevin Ian Perkins; Applicant: Paul Edward Neilson; Applicant: Anthony Marmaduke Carmichael; Applicant: Glen William Greedy; Applicant: Paul Stenberg; Applicant: Gordon Fraser; Applicant: John Hope Gibson; Applicant: James Aird (Jnr); Applicant: Donald Levick; Applicant: Nola Levick; Applicant: Jeffrey Cecil Foster; Applicant: Mark Thomas Seales; Respondent: Mortgage Acceptance Nominees Limited; Respondent: Roderick Stuart McDonald; Respondent: Gregory Alfred Farrow; Respondent: Jarpen Management Services Pty Ltd; Respondent: Peter Done; Respondent: Brian King; Respondent: James Bester; Respondent: Australian Breeders Co-operative Society Ltd (ABCOS); Respondent: C E Heath Casualty & General Insurance Limited
Jurisdiction
Australia
Judgment Date
23 February 1996
Procedural Posture
Civil / Post Trial Judgment
Outcome
Mr Done is granted contribution against other respondents; account of profits against Mr McDonald and Mr King refused; ABCOS cross-claim dismissed; quantum of damages to be determined subsequently.
Legal Topics
Contribution, Breach of Fiduciary Duty, Negligence, Damages, Misleading or Deceptive Conduct
Equity Torts Contracts Contribution Breach of Fiduciary Duty Negligence Damages Misleading or Deceptive Conduct

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Parties

Griffith Morgan Jones

Applicant

Frederick Lance Mesh

Applicant

Earle Wilfred Bailey

Applicant

Thomas Alfred Inglis Braye

Applicant

Jeffrey Wall

Applicant

Brian David Thornton

Applicant

Kevin Ian Perkins

Applicant

Paul Edward Neilson

Applicant

Anthony Marmaduke Carmichael

Applicant

Glen William Greedy

Applicant

Paul Stenberg

Applicant

Gordon Fraser

Applicant

John Hope Gibson

Applicant

James Aird (Jnr)

Applicant

Donald Levick

Applicant

Nola Levick

Applicant

Jeffrey Cecil Foster

Applicant

Mark Thomas Seales

Applicant

Mortgage Acceptance Nominees Limited

Respondent

Roderick Stuart McDonald

Respondent

Gregory Alfred Farrow

Respondent

Jarpen Management Services Pty Ltd

Respondent

Peter Done

Respondent

Brian King

Respondent

James Bester

Respondent

Australian Breeders Co-operative Society Ltd (ABCOS)

Respondent

C E Heath Casualty & General Insurance Limited

Respondent

Procedural Posture

Civil / Post Trial Judgment

Legal Issues

  1. 1 Whether contribution can be obtained by Mr Done from other respondents under s.5 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) or under equitable principles
  2. 2 Whether orders should be made for an account of profits against Mr McDonald and Mr King in addition to compensatory damages
  3. 3 Whether commissions or benefits received by some applicants affect the duty of care owed

Ratio Decidendi

Mr Done is entitled to an order for contribution from other respondents under s.5(1) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), and if not, then under common law and equitable principles, as all liable respondents had a common or coordinate obligation for the damage suffered; no double recovery by way of both damages and account of profits is permissible; ABCOS's cross-claim fails due to lack of established misleading or deceptive conduct causing loss.

Court Disposition

Mr Done is granted contribution against other respondents; account of profits against Mr McDonald and Mr King refused; ABCOS cross-claim dismissed; quantum of damages to be determined subsequently.

Orders

  • Order for contribution to Mr Done under s.5(1) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) and at general law/equity if necessary
  • Application for account of profits against Mr McDonald and Mr King dismissed