Hudson Investments Group Ltd v Atanaskovic

Hudson Investments Group Ltd (HIG) brought an action against Atanaskovic and his law firm for alleged breaches of retainer and negligence in relation to the sale of shares. HIG sought to amend the Statement of Claim to include an allegation that Atanaskovic breached his fiduciary duties in relation to the sale of shares. The court was required to determine whether the fiduciary duty alleged was recognised by the law, and if the late amendment would cause prejudice to the defendants. The court held that the fiduciary duty alleged was known to the law, and the duty arose from the relationship between Atanaskovic and HIG. The court also held that the late amendment would not cause prejudice to the defendants as the underlying facts were already before the court. The amendment was allowed, and the case will proceed with the additional claim of breach of fiduciary duty. Final orders were not provided in the excerpt.