Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society LimitedCitation:[2018] HCA 43Before:Kiefel CJ, Gageler, Keane, Nettle, Edelman JJDate:10 Oct 2018Case Number:A37/2017Read more

Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society LimitedCitation:[2018] HCA 43Before:Kiefel CJ, Gageler, Keane, Nettle, Edelman JJDate:10 Oct 2018Case Number:A37/2017Read more

The court held that an account of profits is not available where the profits of the appellant's business were not the direct result of the knowing assistance in the breach of fiduciary duty. The appellant is not obliged to account for the entire capital value of the business or anticipated profits unless causation is established.

Parties
Appellant: Appellant; Respondent: First Respondent; Respondent: Respondents
Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Knowing Assistance, Breach of Fiduciary Duty, Account of Profits, Causation, Remedies
Equity Knowing Assistance Breach of Fiduciary Duty Account of Profits Causation Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

First Respondent

Respondent

Respondents

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether account of profits is available as a remedy for knowing assistance in breach of fiduciary duty
  2. 2 Whether the appellant is obliged to account for the entire capital value of the business acquired
  3. 3 Whether account of profits may be ordered in respect of anticipated profits

Ratio Decidendi

The court held that an account of profits is not available where the profits of the appellant's business were not the direct result of the knowing assistance in the breach of fiduciary duty. The appellant is not obliged to account for the entire capital value of the business or anticipated profits unless causation is established.

Court Disposition

appeal allowed

Orders

  • Account of profits not ordered against appellant
  • No obligation to account for entire capital value or anticipated profits