Facts The Defendants, The Bloody Mary Group Pty Ltd, Brett Viney and Matthew Mitchell and their respective trustee companies were hoteliers and publicans in South Australia. In 2016, the Plaintiffs, Michael Crouch, Nicholas Crouch and Alini Pty Ltd, entered into an […]
Tag: fiduciary
Breen v Williams (1996) 186 CLR 71
Facts In 1977, Ms Breen underwent breast enhancement surgery. She subsequently endured severe pain. Dr Williams performed a corrective procedure on Ms Breen, but did not remove the existing implants or insert new ones. Ms Breen asked Dr Williams about […]
Kak Loui Chan v Zacharia (1984) 154 CLR 178
Facts Plaintiff and defendant were doctors who worked as partners. They rented premises as joint tenants under a three year lease with an option to renew for a further two-year term. At the end of the three year term the […]
Baden v Société Générale pour Favoriser le Developpement du Commerce et de l’Industrie en France [1993] 1 WLR 509
Facts Mr George Baden, Jacques Delvaus and Ernest Lecuit were liquidators of the Luxembourg Mutual Investment Fund. They claimed that Société Générale owed it $4,009,697.91, which it held for its customer, the Bahamas Commonwealth Bank Ltd (BCB) in a trust account. […]
Royal Brunei Airlines Sdn Bhd v Tan [1995] UKPC 4
Facts In 1986, Royal Brunei Airlines (Royal Brunei)appointed Borneo Leisure Travel Sdn Bhd (Borneo) to be its agent for booking passenger flights and cargo transport around Sabah and Sarawak in Malaysia. Mr Tan was Borneo’s managing director and main shareholder. Borneo […]
ASIC v Rich (2003) 44 ACSR 341
Facts ASIC commenced proceedings against several directors of One Tel Ltd for breach of statutory duties. One Tel went into liquidation in 2001. Two of these directors were Mr Rich and Mr Greaves. Rich was an executive director. Greaves was […]
ASIC v Adler (2002) 41 ACSR 72
Facts In June 2000, HIH Insurance (HIH) paid $10 million for a unit in a trust which was controlled by Mr Adler. Mr Adler was, at the time, a non-executive director of HIH. Adler controlled the trust through Adler Corp […]
Boardman v Phipps [1967] 2 AC 46
Facts Tom Boardman was a solicitor for a family trust. The trust assets include a 27% holding in a textile company called Lexter & Harris. Boardman had concerns about the state of Lexter & Harris’ accounts and thought that, in […]
Transvaal Lands Co v New Belgium (Transvaal) Lands & Development CO [1914] 2 Ch 488
Facts Transvaal Lands Co (Transvaal) was a company which was also involved with New Belgium. Two of Transvaal’s directors, Samuel and Harvey, were also shareholders of New Belgium. Samuel was also a director of New Belgium. Samuel and Harvey convinced […]
Regal (Hastings) Ltd v Gulliver [1942] UKHL 1
Facts Regal (Hastings) Ltd (Regal) owned a cinema. Regal took out leases on two more cinemas, through a new subsidiary (Hastings Amalgamated Cinemas Ltd), in order to create a viable sale package. The landlord wanted personal guarantees from the directors. […]
