› Where the plaintiff seeks a declaration that the first defendant holds legal title over property on constructive trust for the plaintiff beneficially
› fiduciary duty
› where the plaintiff claims that the second defendant breached its fiduciary duty owed to the plaintiff.
Contract
› UNCONSCIONABLE CONDUCT
› Where the plaintiff seeks a declaration that the transfer of property title was procured by the first defendant by unconscionable conduct
› breach of contract
› where the plaintiff seeks damages from the first defendant for breach of contract
› misleading or deceptive conduct
› where the plaintiff claims the second defendant made misleading or deceptive representations in contravention of s 18 of the Australian Consumer Law.
Torts
› NEGLIGENCE
› Where the plaintiff claims the second defendant was negligent in acting for both the plaintiff and the first defendant in drafting a deed of family arrangement.
Case Details
Citation[2022] ACTSC 109
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date19 May 2022
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