WICKSTEAD v BROWNE [1992] NSWCA 272

WICKSTEAD v BROWNE [1992] NSWCA 272

Claims based on s 556 of the Companies (NSW) Code and for breach of the trustee's fiduciary duty should not have been dismissed summarily and should proceed to trial, whereas claims based on s 229 of the Code, conversion, and negligence were properly dismissed.

Parties
Appellant: Wickstead; Respondent: Browne
Jurisdiction
Australia
Judgment Date
24 December 1992
Procedural Posture
Appeal / Leave to Appeal From Interlocutory Orders
Outcome
Appeal allowed in part
Legal Topics
Pleading, Summary Relief, Breach of Companies Code, Breach of Fiduciary Duty, Negligence, Conversion
Practice and Procedure Equity Trusts and Trustees Company Law Pleading Summary Relief Breach of Companies Code Breach of Fiduciary Duty +2 more

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 8 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Wickstead

Appellant

Browne

Respondent

Procedural Posture

Appeal / Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 Whether the claims in negligence, conversion, and under s 229 of the Companies (NSW) Code should be summarily dismissed
  2. 2 Whether the claims under s 556 of the Companies (NSW) Code and for breach of fiduciary duty should proceed to trial
  3. 3 Obligation to plead cause of action and facts in pleadings

Ratio Decidendi

Claims based on s 556 of the Companies (NSW) Code and for breach of the trustee's fiduciary duty should not have been dismissed summarily and should proceed to trial, whereas claims based on s 229 of the Code, conversion, and negligence were properly dismissed.

Court Disposition

Appeal allowed in part

Orders

  • Leave to appeal granted
  • Appeal allowed in part