Baker v Sheridan (No 2)

The case of Baker v Sheridan (No 2) involved a dispute between the parties, Baker and Sheridan, regarding a cross-claim for alleged breaches of fiduciary duty and common law duty of care. The case was heard in the Supreme Court of Western Australia. Baker alleged that Sheridan, who was a fiduciary, failed to disclose a material fact within the principles of Brickenden v London Loan & Savings Co [1934] 3 DLR 465. Sheridan was a solicitor who was retained by all parties to formalise an informal transfer agreement. Baker further alleged that Sheridan breached a common law duty of care in the performance of this role.

The legal issues before the court were whether Sheridan had a non-disclosure of a material fact and whether Sheridan breached a common law duty of care. The court considered whether Sheridan had failed to disclose relevant information that a fiduciary would ordinarily disclose in the circumstances. The court also assessed whether Sheridan had acted with the requisite standard of care in performing his role as a solicitor.

In delivering the judgment, the court found that Sheridan had not breached any fiduciary duty or common law duty of care. The court held that Sheridan had acted in good faith and with reasonable care in his role as a solicitor. The court found that Sheridan had not failed to disclose any material fact that a fiduciary would ordinarily disclose in the circumstances. The court also held that Sheridan had not acted negligently in his role as a solicitor and had met the requisite standard of care.

The court dismissed Baker's cross-claim in its entirety and made no orders for costs.