Torlonia v Wright [2016] NSWSC 1139

Torlonia v Wright [2016] NSWSC 1139

Because Ms Torlonia reposed trust and confidence in Mr Wright, and he exercised practical control over her royalties for her benefit, their relationship was fiduciary and he is obliged to account to her for all moneys received and disbursed in respect of her Wambo Royalties. Mr Wright failed to render an adequate account and did not establish authority for certain expenditures. However, Ms Torlonia is only entitled to accounts from 25 March 2009 due to the limitation period. There is insufficient basis for accounts to be taken on the footing of wilful default.

Parties
Plaintiff: Philippa Louise Torlonia; Defendant: Andrew David Lincoln Wright
Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Principal Judgment / Final Judgment With Orders
Outcome
Account ordered; costs ordered; proceedings adjourned
Legal Topics
Accounts, Fiduciary Relationships, Accountant and Client, Limitations, Wilful Default
Equity Accounts Fiduciary Relationships Accountant and Client Limitations Wilful Default

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

Philippa Louise Torlonia

Plaintiff

Andrew David Lincoln Wright

Defendant

Procedural Posture

Principal Judgment / Final Judgment With Orders

Legal Issues

  1. 1 Whether the relationship between Ms Torlonia and Mr Wright was a fiduciary one entitling Ms Torlonia to an account
  2. 2 Whether Mr Wright had an obligation to account for the Wambo Royalties received and managed
  3. 3 Whether the account should be taken on the wilful default basis

Ratio Decidendi

Because Ms Torlonia reposed trust and confidence in Mr Wright, and he exercised practical control over her royalties for her benefit, their relationship was fiduciary and he is obliged to account to her for all moneys received and disbursed in respect of her Wambo Royalties. Mr Wright failed to render an adequate account and did not establish authority for certain expenditures. However, Ms Torlonia is only entitled to accounts from 25 March 2009 due to the limitation period. There is insufficient basis for accounts to be taken on the footing of wilful default.

Court Disposition

Account ordered; costs ordered; proceedings adjourned

Orders

  • An account be taken of all moneys received and disbursed by the defendant (including through Leccino Pty Limited) in respect of the plaintiff's Wambo Royalties, including interest and other income received, for the period from 25 March 2009 to date.
  • Defendant to serve, within 28 days, a detailed account verified by affidavit, annexing/exhibiting all relevant documents in his possession, custody or power.