Recent Cases

Bluemine Pty Ltd (in liq) v AKA (Civil) Pty Ltd; Earth Civil Australia Pty Ltd (in liq) v AKA (Civil) Pty Ltd; Diamondwish Pty Ltd (in liq) v Ivana Cassaniti; Rackforce Pty Ltd (in liq) v Ivana Cassaniti [2022] NSWCA 160 (25 August 2022) (Gleeson, Leeming and Mitchelmore JJA)


Catchwords:


EQUITY – fiduciary duties – breach – accessorial liability – whether assistant had knowledge of breaches of fiduciary duties – where limitations to appellate review of credibility-based findings

EQUITY – fiduciary duties – breach – accessorial liability – whether knowledge of breaches of fiduciary duties – whether reliance on professional advice glaringly improbable – where lack of understanding of full effect of transactions – whether assistant had knowledge of dishonest and fraudulent scheme

EVIDENCE – general principles – Jones v Dunkel –where alleged assistant in dishonest and fraudulent design did not give evidence – where inference sought to fill gap in plaintiffs’ case

EQUITY – fiduciary duties – breach – accessorial liability – where alleged assistant was a company – transactions constituting carousel frauds – corporate attribution rule – whether knowledge of director attributed to company – whether fraud exception applied – whether transactions partly for the benefit of the company