David Clarke Air Conditioning Pty Ltd as trustee for the David Clarke Air Conditioning Trust v Quann [No 3]

[2017] WASC 91

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Contract - Oral agreement - Terms of oral agreement - Where precise terms not capable of ascertainment - Contemporaneous documents - Surrounding circumstances - Turns on own facts
1. Equity - Fiduciary duties - Conflict of interest - Whether fiduciary duties exist - Whether fiduciary duties breached - Turns on own facts
1. Contract - Misleading representation - Fair Trading Act 1987 (WA) - Turns on own facts
1. Trusts - Alienation of property - Whether transaction defeats the interests of creditors - Declaration to void transaction - Section 89 Property Law Act 1969 (WA) - Turns on own facts