Catchwords:

EQUITY – breach of fiduciary duty – knowing receipt – whether primary judge erred in rejecting plaintiffs’ contention that defendants’ positive case was a fabrication – significance of absence of a reply alleging documents fabricated – significance of failure to issue subpoenas – whether primary judge reversed onus – whether plaintiff had established that recipients knew of breach of duty

RESTITUTION – money had and received – whether recipients were volunteers – whether recipients made out cases that money was consideration for supply of sanitiser – whether claim available where money had been repaid to or at direction of person transferring the money

PLEADINGS – reply – whether fabrication of documents relied on by defendant a pleadable issue – circumstances in which findings of fabrication available