On 10 December 2012, the Victorian Supreme Court’s Commercial Court is hosting a conference. The Hon Keith Mason AC QC, former President of the NSW Court of Appeal will be speaking on the topic “Remedies for breach of fiduciary duties: Lessons from two recent mega-cases: Grimaldi and Bell Resources”. This is one of four topics […]
Category Archives: Remedies
A recent judgment of the New South Wales Court of Appeal is a useful reminder of the evidentiary principles involved in proving a tracing claim. If a plaintiff raises a clear prima facie case and the recipient of funds fails to offer a reasonable explanation for receiving them, Courts will readily use ‘commonsense and reasonable […]
The High Court has held that relief against penalties is not limited to consequences imposed after a breach of contract. The equitable remedy of relief against penalties has a murky past. As the High Court has recently observed, a proper understanding of the doctrine requires ‘more than a brief backward glance’. One controversial element of […]
