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