Recent Cases

Cassaniti v Ball as liquidator of RCG CBD Pty Limited (in liq) and related matters; Khalil v Ball as liquidator of Diamondwish Pty Ltd (in liq) and related matters [2022] NSWCA 161 (25 August 2022) (Gleeson, Leeming and Mitchelmore JJA)


Catchwords:


EQUITY – fiduciary duties – breach – accessorial liability – second limb in Barnes v Addy – involvement in contravention of director’s statutory duties – where fiduciary and some accessories released from liability – whether Civil Procedure Act 2005 (NSW) s 95 abrogates joint liability release rule – whether the common law rule applies in equity

EQUITY – fiduciary duties – breach – accessorial liability claim – whether assistant had requisite knowledge of dishonest breaches of fiduciary duty – whether facts would have indicated to honest and reasonable person that invoices were contrived and payments lacked genuine commercial purpose