This matter involved claims for breach of trust and damages for wilful breach by an administrator in the context of an unadministered estate. It is referred to under the Practice Area, Succession, on this web-site. Judgment is currently reserved after 9-days of hearing and various interlocutory applications.
This matter dealt with a number of issues including a significant application for equitable damages.
This matter involved allegations of oppression and/or uncommercial or prejudicial conduct together with an application to wind up a company under the Corporations Act. Questions of valuation of shares and the application of limitations defences were raised as well as whether equitable damages should be payable.
This long running commercial dispute involved allegations of oppression and uncommercial conduct by a director of a number of companies that operated hotels in Sydney. The matter also involved allegations of breaches of fiduciary duties and causation, breach of duty to act for a proper purpose and a principle in London Loan and Savings Co of Canada v Brickenden [1934] 3 DLR 465. There was also an analysis and application of what constituted informed consent and of appropriate remedies such as Account and entitlement to claim just allowances for skill, expertise and labour in circumstances of breach. The application of limitation periods and equitable defences including the equitable doctrine of laches was also considered. Voting at meetings of directors was raised as well as the application of the Articles of Association of the companies.
