Angus v Moore

The plaintiffs, Angus, brought an action against Moore, their former co-attorney, for breach of fiduciary duty and for indemnity costs. Angus and Moore were appointed as joint and several attorneys for a principal, and Angus alleged that Moore had breached her fiduciary duties by selling the principal's shares and borrowing the proceeds at interest without the principal's consent. Angus also sought indemnity costs against Moore. Moore admitted that the plaintiffs had been jointly involved in deciding which shares to sell and the terms of the loan, but denied that the principal had consented to the sale and the terms of the loan. Moore argued that the plaintiffs were not entitled to indemnity costs because they had not made a Calderbank offer. The plaintiffs argued that indemnity costs were appropriate because they had not unreasonably refused to settle the matter.

The court had to decide whether Moore breached her fiduciary duties by selling the shares and borrowing the proceeds at interest without the principal's consent, and whether the principal had consented to the sale and the terms of the loan. The court also had to decide whether indemnity costs were appropriate, and whether the exception in rule 42.25 of the Uniform Civil Procedure Rules 2005 (NSW) applied. The court found that Moore had breached her fiduciary duties by selling the shares and borrowing the proceeds at interest without the principal's consent. The court also found that the principal had not consented to the sale and the terms of the loan. The court held that the plaintiffs were entitled to indemnity costs because they had not unreasonably refused to settle the matter. The court held that the exception in rule 42.25 of the Uniform Civil Procedure Rules 2005 (NSW) did not apply because the plaintiffs had not made a Calderbank offer.

The court ordered that Moore pay the plaintiffs' costs on the trustee basis, including indemnity costs. The court ordered that Moore pay the plaintiffs' costs of the appeal. The court dismissed Moore's cross-appeal.