White v Illawarra Mutual Building Society Ltd

White (the appellant) brought proceedings against Illawarra Mutual Building Society Ltd (the respondent), alleging breaches of fiduciary duty and seeking equitable compensation. The dispute concerned the appellant's acquisition of shares in the respondent society. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the respondent, acting as the appellant's solicitor, had breached its fiduciary duty to the appellant and, if so, whether the appellant had suffered loss as a result of that breach. The court also considered the scope of a solicitor's fiduciary duty and the principles of causation applicable to claims for equitable compensation.

The Court of Appeal affirmed that the scope of a solicitor's fiduciary duty is not fixed but varies according to the particular circumstances of the retainer. The court found that the respondent had not breached its fiduciary duty to the appellant. Furthermore, even if a breach had occurred, the court considered that the appellant's loss would likely have been suffered regardless of the alleged breach, applying principles of causation in equity.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.