Doig & Doig

The case of *Doig & Doig* concerned a dispute between the parties, heard and determined by the Full Court of the Supreme Court of South Australia, comprising Kay, Holden, and Martin JJ.

The central legal issues before the Full Court were whether the primary judge had erred in finding that the respondent had breached a fiduciary duty owed to the appellant, and consequently, whether the primary judge had correctly ordered an account of profits.

The Full Court considered the nature of the fiduciary relationship alleged to exist between the parties and the scope of any such duty. Their Honours analysed the evidence presented at trial to determine if the respondent's conduct had fallen short of the standard required of a fiduciary. The Court applied established principles of equity concerning fiduciary obligations and the remedies available for their breach, including the remedy of an account of profits.

The Full Court ultimately upheld the primary judge's findings and dismissed the appeal, confirming the existence of a fiduciary duty and the appropriateness of the account of profits ordered.