Travel Compensation Fund v Lam, John Kam Man & Ors [1997] FCA 308

Travel Compensation Fund v Lam, John Kam Man & Ors [1997] FCA 308

There is no present utility in ordering preliminary determination of the proposed questions, as resolution would not sufficiently clarify or progress the main issues in the proceedings, especially given unresolved and potentially extensive factual matters surrounding assignments and discretionary payments under the Fund’s trust deed; thus, the notice of motion should be dismissed.

Jurisdiction
Australia
Judgment Date
21 March 1997
Procedural Posture
Notice of Motion in Civil Proceedings / Interlocutory (application for Preliminary Determination of Separate Questions)
Outcome
Notice of motion dismissed; costs awarded against moving party.
Legal Topics
["directors' Liability" 'subrogation' 'assignment of Claims' 'compensation Scheme Procedures' 'travel Agents Act (nsw) 1986' 'preliminary Questions/procedural Orders']
['commercial Law' 'corporate Law'] ["directors' Liability" 'subrogation' 'assignment of Claims' 'compensation Scheme Procedures' 'travel Agents Act (nsw) 1986' 'preliminary Questions/procedural Orders']

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Procedural Posture

Notice of Motion in Civil Proceedings / Interlocutory (application for Preliminary Determination of Separate Questions)

Legal Issues

  1. 1 ['Whether payments made by the Applicant to clients protected by insurance disqualify subrogation under section 40(3) of the Travel Agents Act (NSW) 1986' 'Effect of alternative claim of assignment of cause of action by clients to Applicant' 'Whether preliminary determination of formulated questions is appropriate']

Ratio Decidendi

There is no present utility in ordering preliminary determination of the proposed questions, as resolution would not sufficiently clarify or progress the main issues in the proceedings, especially given unresolved and potentially extensive factual matters surrounding assignments and discretionary payments under the Fund’s trust deed; thus, the notice of motion should be dismissed.

Court Disposition

Notice of motion dismissed; costs awarded against moving party.

Orders

  • ['Notice of motion dismissed in so far as it has not already been dismissed.' 'The moving party (Fifth Respondent) to pay the Applicant’s costs of the motion.']