A director of a corporate trustee who is also a shareholder may owe fiduciary duties to other shareholders where there is an arrangement or understanding for a joint endeavour, applying Hospital Products. Financial statements prepared under the Corporations Act are prima facie evidence under s 1305 but are not conclusive and must be assessed in the context of all the evidence. A 'sequential trial model' involving delivery of judgment in tranches will rarely if ever be appropriate over the opposition of a party, and courts should exercise great caution before adopting such an approach even with party consent. A defaulting fiduciary who has acted dishonestly will be denied a just allowance for managing trust property where allowing such an allowance would put the fiduciary in a better position by reason of the dishonest breaches.
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