PROCEDURE — first defendant's notice of motion to strike out those parts of the plaintiff's statement of claim which claim breaches of fiduciary duty — whether the statement of claim discloses any arguable fiduciary duty or breach of duty — whether separate interests not involving conflict give rise to a cause of action for breach of duty — second defendant's notice of motion to set aside the service of the statement of claim outside of Australia — Rules 11.7(2)(a) and 12.11 of the Uniform Civil Procedure Rules 2005 (NSW) — whether the statement of claim discloses an arguable cause of action against the second defendant — whether the fact that the second defendant owns and controls the first defendant means that the second defendant is in a fiduciary relationship with the plaintiff to the same extent as the relationship between the plaintiff and the first defendant when the second defendant has no dealings with the plaintiff
Case Details
Citation[2011] NSWSC 387
CourtNSWSC
JurisdictionNew South Wales
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