Robertson v Darcy

In *Robertson v Darcy* [1993] NSWCA 239, the New South Wales Court of Appeal considered a dispute between the appellant, Robertson, and the respondent, Darcy. The case concerned an appeal against a decision of the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had breached a fiduciary duty owed to the appellant. This involved determining the nature of the relationship between the parties and the scope of any fiduciary obligations that arose from it.

The Court of Appeal analysed the evidence to ascertain whether the respondent had acted in a manner that was contrary to the interests of the appellant, thereby constituting a breach of fiduciary duty. The principles of fiduciary law, particularly concerning the duty of loyalty and the prohibition against profiting from a fiduciary position without informed consent, were central to the Court's determination. The Court found that the respondent had indeed breached his fiduciary duty to the appellant.

Consequently, the Court of Appeal allowed the appeal and made orders setting aside the decision of the Supreme Court.