DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Limited

[2019] NSWSC 527

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Fiduciary relationships
3. › Promoters
4. › whether fiduciary relationship existed on basis of being promoter of commercial transaction
5. › indicia of fiduciary relationships
6. › whether relationship exhibited characteristics of fiduciary relationship
1. Equity
2. › Remedies
3. › equitable compensation
4. › for breach of fiduciary duty
5. › whether loss caused by breach
6. › whether knowledge of particular facts negates causation
7. › whether knowledge of particular facts said to give rise to breach can be inferred
1. Equity
2. › Contribution
3. › whether claim for contribution arises in respect of breach of fiduciary duty
4. › whether claim for contribution time-barred
5. › whether common obligation or co-ordinate liability to make good same loss
6. › whether not liable for contribution because of release of other party from whom contribution is sought
1. Contract
2. › release
3. › whether release applied to other defendants
4. › whether jointly or jointly and severally liable