Price v Powers

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.