Searle, B.A. v Keayes, P. & Ors [1995] FCA 323

CATCHWORDS PATENTS - application for declaration as to interests in patent applications and related confidential information concerning determination of tenderness in meat - determination of inventor of technology. FIDUCIARY RELATIONSHIP - nature of joint venture - whether there was agreement to enter into a joint venture to develop, patent and exploit the technology - characteristics of fiduciary relationships - whether fiduciary relationship exists between the parties - discussion of principles - whether breach of fiduciary duties - discussion of appropriate remedies. CONSTRUCTIVE TRUST - constructive trust as remedy for breach of fiduciary duties - imposition of constructive trust on a stranger to a fiduciary relationship. DURESS - whether written agreement as to invention and ownership of technology vitiated by being entered into as result of duress - whether there was operative duress - effect of ability to negotiate - discussion of principles. AUTHORITY - authority of company directors and officers - whether first respondent was governing mind behind companies - whether companies bound by written agreement entered into by first respondent. Crescendo Management Pty Ltd v Westpac (1988) 19 NSWLR 40 Barton v Armstrong [1976] AC 104 Pao On v Lau Yiu Long [1980] AC 614 Universe Tankships Inc of Monrovia v International Transport Workers Federation [1983] 1 AC 366 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 H L Bolton (Engineering) Co Ltd v T J Graham & Sons Ltd [1957] 1 QB 159 Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 BRONWYN ANN SEARLE v PETER KEAYES, RICHARD KEAYES, BRISALEBE AG LIMITED, BRISALEBE AG, WSB (No 15) PTY LTD, WSB (No 17) PTY LTD, & THE GOOD OF THE WORLD FOUNDATION LTD No NG 309 of 1994 Tamberlin J Sydney 19 May 1995