Dodds & Dodds and Anor

In *Dodds & Dodds and Anor*, the Supreme Court of New South Wales was asked to determine whether a company, Dodds & Dodds Pty Ltd, and its director, Mr. Dodds, had breached their fiduciary duties to a former client, Mr. G. The dispute arose from the company's alleged failure to disclose a conflict of interest when acting for Mr. G in a property transaction.

The central legal issues before the court were whether Dodds & Dodds Pty Ltd and Mr. Dodds owed fiduciary duties to Mr. G, and if so, whether those duties were breached by failing to disclose the company's interest in purchasing the property that Mr. G was seeking to sell. The court also considered whether the company and Mr. Dodds had acted in good faith and with undivided loyalty towards Mr. G.

Bennett J found that a fiduciary relationship did exist between the company and Mr. G, imposing a duty of loyalty and good faith. Her Honour held that the company and Mr. Dodds had breached their fiduciary duties by failing to disclose their intention to purchase the property themselves, thereby placing their own interests ahead of their client's. The court reasoned that such a failure constituted a conflict of interest that should have been disclosed to Mr. G, allowing him to obtain independent advice.

Consequently, the court ordered that the sale of the property to Dodds & Dodds Pty Ltd be set aside.