CONTRACTS — partners — whether partnership agreement in respect of a restaurant business should be rectified — whether there was a breach of fiduciary duty by the first defendant — whether money paid by the plaintiff to the first defendant should be repaid on the basis of a Quistclose trust, constructive trust and/or total failure of consideration — whether the second defendant, who was the sole director and a shareholder of the first defendant, is liable to repay monies paid by the plaintiff as a knowing recipient, and if so to whom — whether the de facto wife of the second defendant is liable as a volunteer to repay monies paid by the plaintiff — whether money claimed to have been paid by the plaintiff to the second defendant towards the purchase of another restaurant was paid
Case Details
Citation[2011] NSWSC 105
CourtNSWSC
JurisdictionNew South Wales
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