Where a fiduciary acquires property using trust funds in breach of duty and the fiduciary has also contributed personal funds, the constructive trust extends to the whole asset where the court cannot distinguish the respective interests. A partner who takes an undisclosed commission on a transaction conducted on behalf of the partnership breaches fiduciary duties regardless of whether the commission was technically paid by the vendor. Indemnity costs may be ordered where a defendant's entire defence is found to be a deliberate concoction and the defendant propounded false documents to the court.
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