Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, NETTLE AND EDELMAN JJANCIENT ORDER OF FORESTERS IN VICTORIA FRIENDLY SOCIETY LIMITED  APPELLANTANDLIFEPLAN AUSTRALIA FRIENDLY SOCIETY LIMITED & ANOR  RESPONDENTSAncient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited[2018] HCA 4310 October 2018A37/2017ORDER1.Appeal dismissed.2.Special leave to cross-appeal, limited to the grounds in paragraphs 2 and 3 of the respondents' notice of cross‑appeal, granted.3.Cross-appeal allowed.4.Set aside order 2 of the orders made by the Full Court of the Federal Court of Australia on 16 June 2017 and, in its place, order that Ancient Order of Foresters in Victoria Friendly Society Limited account to Lifeplan Australia Friendly Society Limited and Funeral Plan Management Pty Ltd for profits in equity in the sum of $14,838,063.5.The appellant pay the respondents' costs of the appeal and cross-appeal.On appeal from the Federal Court of Australia RepresentationR Merkel QC with D C Gration and Z E Maud for the appellant (instructed by TurksLegal) N J Young QC with P W Collinson QC and M D Douglas for the respondents (instructed by Ashurst Australia) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAncient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited Equity – Knowing assistance in breach of fiduciary duty – Remedies – Account of profits – Causation – Where employees of first respondent breached fiduciary duties to respondents by assisting appellant, and then joined appellant – Where...