Price v Powers

Case [2005] WASC 154


PRICE -v- POWERS & ORS [2005] WASC 154


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASC 154
Case No:CIV:1124/200223-25 AUGUST 2004, 3 & 4 MARCH 2005
Coram:LE MIERE J8/07/05
33Judgment Part:1 of 1
Result: Plaintiff's claim successful in part
Counterclaim shall be dismissed
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Parties:DAVID ROBERT PRICE
ALAN JOHN POWERS
SHEILA POWERS
ROBERT WILLIAM BAZELEY
IMAGINATION ENTERPRISES PTY LTD (ACN 008 963 648)

Catchwords:

Fiduciary duties
Breach
The fiduciary principle
Establishing the existence of a fiduciary relationship
Not enough to establish that a particular relationship can be described as fiduciary
Ordinarily fiduciary obligation confined to defined area of conduct
Incorrect to impose upon parties fiduciary obligations wider than those imposed on themselves
Alleged breach of fiduciary duty is conduct outside the defined area of conduct
Breach of fiduciary duty not established
Remedies
Rectification of register
Power to rectify register
Court has jurisdiction to rectify register of unit holders in a trust whenever the plaintiff has an equity to support the remedy

Legislation:

Corporations Act (2001) (Cth), s 175(1)

Case References:

British Sugar Refining Co and Joint Stock Companies Act 1856, In re (1857) 3 K & J 408; (1857) 69 ER 1168
Burns v Siemens Brothers Dynamo Works Ltd (1919) 1 Ch 225
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Kathleen Investments (Australia) Ltd v Australian Atomic Energy Commission (1977) 139 CLR 117
Kelly v C A & L Bell Commodities Corp Pty Ltd (1989) 18 NSWLR 248
Lintrose Nominees Pty Ltd v King [1995] 1 VR 574
New Zealand Netherlands Society Oranje Inc v Kuys [1973] 1 WLR 1126
Noranda Australia Ltd v Lachlan Resources NL (1988) 14 NSWLR 1
Peninsula Gold Pty Ltd v Sunbeam Victa Holdings Ltd (1996) 20 ACSR 553
Whitehouse v Carlton Hotel Pty Ltd (1987) 162 CLR 285
Whitehouse v Carlton Hotel Pty Ltd [1983] 1 Qd R 336

Amon v Raphael Tuck & Sons Ltd [1956] 1 QB 357
Baden Delvaux & Lecuit v Societe Generale pour Favoriser le Development du Commerce [1993] 1 WLR 509
Bahr v Nicolay (No 2) (1988) 164 CLR 604
Barnes v Addy (1874) LR 9 Ch App 244
Bell Group Ltd (in liq) v Westpac Banking Corp [2001] WASC 315
Boardman v Phipps [1967] 2 AC 46
Breen v Williams (Medical Records Access Case) (1996) 186 CLR 71
C (a minor) v Hackney London Borough Council [1996] 1 WLR 789
Chan v Zacharia (1984) 154 CLR 178
Commissioner of Taxation (Cth) v Patcorp Investments Ltd (1976) 140 CLR 247
Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373
Foodco Group Pty Ltd v Northgan Pty Ltd (1998) 83 FCR 356
Gibbs v Kinna [1999] 2 VR 19
Grant v John Grant & Sons Pty Ltd (1950) 82 CLR 1
Hancock Family Memorial Foundation Ltd v Porteous (1999) 151 FLR 191; [1999] WASC 55

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Price v Powers [2005] WASC 154
Case
[2005] WASC 154
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CaseChat Overview and Summary

The case of Price v Powers was heard in the Supreme Court of Western Australia. The plaintiff, David Robert Price, brought a claim against the first and second defendants, Alan John Powers and Sheila Powers, and the third defendant, Robert William Bazeley, for breach of fiduciary duty. The plaintiff also claimed against the third defendant for aiding and abetting the first and second defendants' breaches of fiduciary duty. The court found that the first and second defendants did not owe the plaintiff any fiduciary duties and therefore were not in breach of any such duties. Consequently, the third defendant was not found to have aided and abetted any breach of fiduciary duty. The court found that the plaintiff's claim for rectification of the register of unit holders in the trust was unsuccessful, as the plaintiff did not have any equity to support the remedy. The plaintiff's claims for cancellation of units, an account, and a distribution of profits were also unsuccessful for the same reason. The counterclaim by the defendants was dismissed as it was not pressed at trial. The court ordered the fourth defendant to cancel the plaintiff's special units in the trust and issue 10 ordinary units to the plaintiff, and to correct the Trust register of unit holders accordingly.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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