Australian Careers Institute Pty Ltd v Australian Institute of Fitness Pty Ltd [2016] NSWCA 347

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Careers Institute Pty Ltd v Australian Institute of Fitness Pty Ltd [2016] NSWCA 347 Hearing dates: 5 August 2016 Decision date: 09 December 2016 Before: Bathurst CJ at [1] Meagher JA at [29] Sackville AJA at [30] Decision: (1) Appeal allowed in part.

(2) Amend the declarations in paras 8 and 9 of the orders made by the primary Judge on 16 December 2015 so that they read as follows:

8. Declares that the second defendant, by its involvement in the third defendant's breach of fiduciary duties referred to in Order 7 above knowingly assisted in the third defendant's breach of his fiduciary duties.

9. Declares that the plaintiff is entitled as against the second and third defendants to an account of profits of the Sage Fitness Business, to include the profits derived by the second and third defendants respectively from their breaches, in each case plus interest at the rate prescribed by the Uniform Civil Procedure Rules 2005 (NSW) for the purposes of s 101 of the Civil Procedure Act 2005 (NSW).

(3) Amend Orders 11, 12 and 15 made by the primary Judge on 16 December 2015 so that they read as follows:

11. Orders that, for the purposes of quantifying profits derived by the second and third defendants:

(a) there be an inquiry into the profits derived by the second and third defendants up until 17 November 2015, including the assessment of:

(i) the revenue derived by each of the second and third defendants from the Sage Fitness Business; and