Testel Australia Pty Ltd v Goulding

Testel Australia Pty Ltd (the appellant) appealed a decision concerning an award made by way of an account of profits against it in favour of Goulding (the respondent). The dispute arose from a breach of fiduciary obligations.

The primary legal issue before the Full Court of the Supreme Court of South Australia was whether the trial judge had made any material error of fact or law in awarding an account of profits to the respondent. A secondary issue concerned the costs decision.

The Court found that the appellant had not established any material error in the trial judge's decision regarding the account of profits. Consequently, the appeal against this award was dismissed. The Court also granted leave to appeal the costs decision but ultimately dismissed that appeal as well. The appellant was ordered to pay the respondent's costs of the appeals, subject to further submissions from the parties regarding the extent of the respondent's entitlement as an unrepresented party.