Catchwords:

EQUITY – fiduciary duties – whether fiduciary relationship overlay contractual relationship between the principal and attorneys – duty of attorneys not to act in conflict with interests of their principal not inconsistent with contractual terms

EQUITY – fiduciary duties – breach by attorneys – which breaches were part of a dishonest and fraudulent design – where fiduciaries used relationship to assign interests in land without proper consideration – where fiduciaries used relationship to claim fees at their absolute discretion

EQUITY – fiduciary duties – Barnes v Addy – knowing assistance – director and sole shareholder of company had actual knowledge of dishonest and fraudulent design – that knowledge imputed to company – where company dictated terms on which consideration might be provided

EQUITY – fiduciary duties – Barnes v Addy – knowing assistance – whether director of company is personally liable where knowledge and participation in dishonest and fraudulent design confined to actions taken in capacity as director of company – where no assistance given other than in capacity as director