O'Meara v Hitwise Pty Ltd & Anor

In O'Meara v Hitwise Pty Ltd & Anor, the respondent, O'Meara, sought a declaration that the appellants, Hitwise and one of its directors, had breached their fiduciary duties to him as a shareholder. The dispute arose out of a complex web of contractual and corporate arrangements between the parties, involving the purchase of shares, loan agreements, and the transfer of intellectual property. The case was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether the appellants had breached their fiduciary duties owed to O'Meara and, if so, what remedies were available. The court had to examine the nature and extent of the fiduciary duties, whether there had been any breaches, and what, if any, damages or other remedies should be awarded. The court also needed to determine the appropriate costs order for the appeal.

The court found that the appellants had not breached their fiduciary duties. It held that the terms of the contracts between the parties were clear and unambiguous, and that the appellants had not acted in a way that was contrary to the interests of O'Meara. The court found that O'Meara had not proven his case on the balance of probabilities. Consequently, the appeal was dismissed, and O'Meara was ordered to pay the costs of the appeal to the first respondent.