SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Steadfast ICT Security Pty Ltd v Peak (No 2) |
Citation: | [2021] ACTSC 319 |
Hearing Date: | 15 October 2021 |
DecisionDate: | 17 December 2021 |
Before: | Mossop J |
Decision: | See [80] |
Catchwords: | CONTRACTS – CONTRACT OF EMPLOYMENT – Breach of contract – damages for breach of contract require causation – difficulty in assessing loss not a bar to recovery of damages CORPORATIONS – CIVIL PENALTY PROVISIONS – Where breaches of duties under ss 180, 181, 182 and 183 of the Corporations Act 2001 (Cth) were established against the first, second, third and fifth defendants – declarations of contravention under s 1317E of the Corporations Act – orders for compensation under s 1317H of the Corporations Act EQUITY – REMEDIES – Equitable compensation for breach of fiduciary duty – where account of profits ordered against knowing assistant – open to claim equitable compensation against defaulting fiduciary |
Legislation Cited: | Corporations Act 2001 (Cth), ss 180(1), 181, 182, 183, 1317E, 1317H Court Procedures Act 2004 (ACT), s 5A Court Procedures Rules 2006 (ACT), rr 501, 502 |
Cases Cited: | Adler v Australian Securities and Investments Commission [2003] NSWCA 131; 179 FLR 1 Agricultural Land Management Ltd v Jackson [No 2] [2014] WASC 102; 285 FLR 121 V-Flow Pty Limited v Holyoake Industries (Vic) Pty Limited [2013] FCAFC 16; 296 ALR 418 |
Texts Cited: | JD Heydon, Heydon on Contract (Lawbook, 2019) |
Parties: | Steadfast ICT Security Pty Ltd (Plaintiff) Gareth Peak (First Defendant) Lachlan Watt (Second Defendant) Nenad Stefanovic (Third Defendant) Dreamtime Supply Company Pty Ltd (Fourth Defendant) David Glavonjic (Fifth Defendant) |
Representation: | Counsel E Cox SC with A Munro (Plaintiff) B Buckland (Defendants) |
| Solicitors Mackenzie Workplace Law (Plaintiff) Bradley Allen Love (Defendants) | |
File Number: | SC 333 of 2019 |
MOSSOP J:
Introduction
In my principal judgment, I found the relevant facts and determined that relief should be granted against the fourth defendant: see Steadfast ICT Security Pty Ltd v Peak [2021] ACTSC 199 (Judgment). That relief involved making an order that the fourth defendant, Dreamtime Supply Company Pty Ltd (Dreamtime), account to the plaintiff, Steadfast ICT Security Pty Ltd (Steadfast), in the sum of $1,187,249.64. The parties were then further heard as to additional relief that should be granted.
The plaintiff proposed a series of orders and declarations sought in relation to each of the other defendants.…
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- Case
- [2021] ACTSC 319
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