Selig v Wealthsure Pty Ltd [2015] HCA 18

Selig v Wealthsure Pty Ltd [2015] HCA 18

Div 2A of Pt 7.10 of the Corporations Act 2001 (Cth) applies only to claims under s 1041I(1) based on contravention of s 1041H and does not extend to other statutory or common law causes of action for the same loss or damage. Costs may be awarded against a non-party insurer who controlled the litigation if justice requires.

Parties
Appellant: Ronald Selig & Anor; Respondent: Wealthsure Pty Ltd & Ors; Respondent: QBE Insurance (Australia) Ltd; Respondent: David Bertram; Respondent: Mark Norton; Respondent: Peter Townley; Respondent: Norton Capital Pty Ltd; Respondent: Neovest Limited
Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Appeal / High Court Final Determination
Outcome
Appeal allowed
Legal Topics
Proportionate Liability, Misleading and Deceptive Conduct, Apportionable Claim, Costs Order Against Non Party
Corporations Law Insurance Law Proportionate Liability Misleading and Deceptive Conduct Apportionable Claim Costs Order Against Non Party

Case Brief

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Parties

Ronald Selig & Anor

Appellant

Wealthsure Pty Ltd & Ors

Respondent

QBE Insurance (Australia) Ltd

Respondent

David Bertram

Respondent

Mark Norton

Respondent

Peter Townley

Respondent

Norton Capital Pty Ltd

Respondent

Neovest Limited

Respondent

Procedural Posture

Appeal / High Court Final Determination

Legal Issues

  1. 1 Whether Div 2A of Pt 7.10 of the Corporations Act 2001 (Cth) applies only to claims based on contravention of s 1041H or also to other causes of action
  2. 2 Whether liability should be limited to proportion of appellants' loss, having regard to comparative responsibility of other parties
  3. 3 Whether circumstances justified a costs order against insurer who was a non-party

Ratio Decidendi

Div 2A of Pt 7.10 of the Corporations Act 2001 (Cth) applies only to claims under s 1041I(1) based on contravention of s 1041H and does not extend to other statutory or common law causes of action for the same loss or damage. Costs may be awarded against a non-party insurer who controlled the litigation if justice requires.

Court Disposition

Appeal allowed

Orders

  • Orders 1, 2, 3 and 7 of the Full Court of the Federal Court of Australia dated 30 May 2014 set aside
  • Orders 1 and 2 of the Full Court of the Federal Court of Australia dated 26 June 2014 set aside