6 Feb 2012
LIBERTARIAN INVESTMENTS LTD v. THOMAS ALEXEJ HALL
- Citation
- LIBERTARIAN INVESTMENTS LTD v. THOMAS ALEXEJ HALL
- Court
- Court of Appeal
- Case number
- CACV54/2011
On the facts the Court found the defendant owed fiduciary duties in respect of funds remitted to the BLP client account, misappropriated specified payments in breach of trust/fiduciary duty, the plaintiff had locus, and the appropriate remedy at this stage is an order for the defendant to render a true and proper account (wilful default basis) with any consequent equitable relief after the account; without prejudice communications relied upon to prove specific sale proceeds were inadmissible, so the interim payment based on them was adjusted to an objectively supportable interim sum (4,823,76…