Asset Risk Management v Hyndes

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CITATION: Asset Risk Management v Hyndes [1999] NSWCA 201
FILE NUMBER(S): CA 40266/98
HEARING DATE(S): 17 March 1999
JUDGMENT DATE:
13 July 1999

PARTIES :


Asset Risk Management Limited v Mathew Jonathon Hyndes.
JUDGMENT OF: Meagher JA at 1; Sheller JA at 11; Stein JA at 12
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S) : ED 3689/97
LOWER COURT JUDICIAL OFFICER: Young J
COUNSEL: Appellant: R. McFarlan QC/A.S. Martin
Respondent:I. Harrison SC/G. Grant
SOLICITORS: Appellant: Clayton Utz
Respondent: Pappas J.
CATCHWORDS: Equity - account - employer/employee - abscence allegations of wrongdoing, breach of express term of contract, equitable duty; - allegation breach implied term abandoned.
CASES CITED:
Peninsular and Oriental Steam Navigation Co v Johnson [1937-1938] 60 CLR 189;
Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41.
DECISION: Appeal allowed.

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 4022/98

MEAGHER JA
SHELLER JA
STEIN JA

TUESDAY 13 JULY 1999
ASSET RISK MANAGEMENT LIMITED v Mathew Jonathon HYNDES
JUDGEMENT

ASSET RISK MANAGEMENT LIMITED v Mathew Jonathon HYNDES

JUDGMENT


1 MEAGHER JA: This is an appeal from a judgment of Young J denying the appellant the remedy of an account against the respondent. The facts may be stated briefly. Indeed it would be difficult to do otherwise, as almost no evidence was tendered to the Court.
2 The appellant employed the respondent under an agreement called the Executive Services Agreement under which he would be General Manager, Asia. Despite his title he had a superior in Thailand, a Mr Gatland, who is now missing, probably murdered.
3 During the respondent’s service, two sums of money to which the appellant was entitled were transferred to an account in the respondent’s name with the Bangkok Bank Public Company Limited. Shortly afterward they were transferred from that account into another account in the joint names of the respondent and his fiance. Since that transfer the funds have gone astray, no one knows how or where. The amounts involved were 450,000Bahts and 28.4 million Deutschmarks. In Australian currency, the aggregate value of the two amounts is in the order of $46,000,000.
4 The appellant was concerned to know where its money had gone. The respondent replied that it had been dispersed in accordance with Mr Gatland’s directions. He also stated that in writing, not once but several times, that he would explain to the appellant exactly what had happened. But explain he never did. The appellant then sued him in Equity for an account. It lost.
5 Young J, in a careful judgement, gave a detailed history of the equitable action of account. He also pointed to the many features of this very curious case which seemed to favour the respondent: there was no allegation of legal wrongdoing, no allegation of breach of any express term of the contract; an initial allegation of breach of an implied term of the contract was abandoned. Nor was there any allegation of breach of any…
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Details
Case
[1999] NSWCA 201
Decision Date

CaseChat Overview and Summary

The appeal in *Asset Risk Management v Hyndes* concerned allegations of wrongdoing by an employee, Mr Hyndes, against his employer, Asset Risk Management. The dispute involved claims of breach of an express term of contract and breach of an equitable duty. The matter was heard by Meagher, Sheller and Stein JJA in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether Mr Hyndes had breached an express term of his employment contract and whether he had breached an equitable duty owed to his employer. The court was also required to consider an allegation that an implied term had been abandoned.

The Court of Appeal found that the appeal should be allowed. While the specific reasoning is not detailed in the provided text, the outcome indicates that the court determined the allegations of breach of contract and equitable duty were not made out, or that the appeal against the lower court's decision on these matters was successful. Consequently, the appeal was allowed.

Orders

Orders of the court

Appeal allowed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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