NSW Caselaw
New South Wales Supreme Court
CITATION : Club of the Clubs Pty Limited v King Network Group Pty Limited (No 2) [2007] NSWSC 574
HEARING DATE(S) : 27, 28 March 2007; final written submissions 23 May 2007
JUDGMENT DATE : 11 July 2007
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Bergin J
DECISION : Plaintiff entitled to equitable compensation and damages as against the first, second and fourth defendants in the amount of $631,123.91; and to an account of profits as against the third defendant in the amount of $2,146,637.22.
CATCHWORDS : [EQUITY] - joint venture - fiduciary duty - breach - remedies - alternative remedies of equitable compensation and account of profits available - whether plaintiff entitled to "split election" of alternative remedies as between different defendants (principal and accessories) - whether agreement to "provide" capital contribution should lead to increase in quantum of compensation - whether accessory liable to disgorge profits made from new joint venture - whether plaintiff's entitlement limited to percentage of interest in original joint venture
Acme Office Service Pty Limited v Ludstrom [2002] NSWSC 277 Birtchnell v Equity Trustees, Executors and Agency Co Limited (1929) 42 CLR 384 Chan v Zacharia (1984) 154 CLR 178 Colbeam Palmer Limited v Stock Affiliates Pty Limited (1968) 122 CLR 25 Dart Industries Inc v The Decor Corporation Pty Limited (1993) 179 CLR 101 Dean v MacDowell (1878) 8 Ch D 345 Featherstonehaugh v Fenwick (1810) 34 ER 115 CASES CITED : Lewis v Nortex Pty Limited (in liq) [2005] NSWSC 482 Natural Extracts Pty Limited v Stotter (1997) 24 ACSR 110 Neilson v Betts (1871) LR 5 HL 1 Queensland Mines Limited v Hudson (1975-76) CLC 40-266 Tang Man Sit v Capacious Investments Limited [1996] AC 514 Timber Engineering Co Pty Limited v Anderson [1980] 2 NSWLR 488 United Australia Limited v Barclays Bank Limited [1941] AC 1 United Dominions Corp Limited v Brian Pty Limited (1985) 157 CLR 1 Warman International Limited v Dwyer (1995) 182 CLR 544
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