Barescape Pty Limited as trustee for The V's Family Trust & Anor v Bacchus Holdings Pty Limited as trustee for The Bacchus Holdings Trust & Anor (No 9)

[2012] NSWSC 984

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONTRACT - Written agreement - Interpretation - Manner in which commercial contracts should be interpreted - Expert valuation clause - Whether valuation mechanism failed - Whether expert valuations binding on parties.
1. CONTRACT - Damages - Quantification of damages - Mitigation of loss. PARTNERSHIP - Breach of partnership agreement - Conduct of partner of referring function inquiries to alternative business - Whether default.
1. EQUITY - Fiduciary duties - Breach of duty - Obligations of partners in fiduciary relationship - No profit rule - No conflict rule - Scope of duties - Whether duties extended to function business of restaurant - Breach of no profit rule - Whether defences of informed consent, waiver or ratification established.
1. EQUITY - Fiduciary duties - Knowing assistance.