Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd

(2017) 348 ALR 385; [2017] FCAFC 141

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Interrogate

Catchwords

1. Equity
1. consideration of the coherent body of law developed by Equity in identifying “certain and distinct” obligations which define their own “fiduciary” for their own respective purposes
1. consideration of the content of the duties owed in all the relevant circumstances
1. consideration of whether the knowledge of a particular senior employee of a company providing real estate agency services is to be regarded as knowledge of the company

Quick Take

Fiduciary obligations of disclosure may continue beyond termination of the agency relationship, and statutory non-compliance with agent appointment requirements does not preclude the existence of fiduciary duties.