Able Tours Pty Ltd v Mann [No 2]

In the case of Able Tours Pty Ltd v Mann [No 2], the plaintiff, Able Tours Pty Ltd, sought an account of profits made by the defendant, Mann, who was alleged to have breached his fiduciary duties. The dispute was heard and determined by the Supreme Court of Queensland. The plaintiff claimed that the defendant had made profits in breach of his fiduciary obligations, which required him to account for those profits to the plaintiff. The matter included a review of a report prepared by a registrar concerning the profits made by the defendant.

The legal issues before the court involved the nature and extent of the defendant's fiduciary obligations, the assessment of profits made in breach of those duties, and the appropriate remedy in the form of an account of profits. Additionally, the court needed to determine whether the allowances claimed by the defendant in relation to the profits were justified and to review the registrar's report on the matter. The court was tasked with examining the evidence and arguments presented by both parties to reach a decision on these complex issues.

The court, after carefully considering the evidence and arguments, found that the defendant had indeed breached his fiduciary duties and made profits as a result of that breach. The registrar's report, which detailed the profits made by the defendant, was largely affirmed, with some variations. The court held that the defendant was liable to account for the profits made in breach of his fiduciary duties. The court also assessed the allowances claimed by the defendant and determined that some adjustments were necessary to ensure just compensation was provided to the plaintiff. The court adopted the registrar's report, as varied, and ordered that it be given effect.