Salmon v Albarran

[2023] NSWSC 1238

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Fiduciary duties
3. › Fiduciary relationships
4. › Solicitor and client
5. › Retainers
6. › Retainers may be express or implied from contemporaneous documentation
7. › Solicitor disputed that he acted for each of the defendants in legal proceedings
8. › Retainer established
1. Equity
2. › Fiduciary duties
3. › Whether privately appointed receiver and manager owes fiduciary duties to appointor
4. › Privately appointed receiver is in a fiduciary relationship with the appointor
5. › No prescriptive duty is owed to keep appointor informed about progress of receivership
1. Equity
2. › Fiduciary duties
3. › Breach
4. › Whether solicitor or receiver acted in a position of conflict
5. › Whether solicitor or receiver pursued an unauthorised benefit
6. › Whether there was informed consent
7. › Whether breach was dishonest
8. › No dishonest breach of fiduciary duties established
1. Equity
2. › Rule in Barnes v Addy
3. › Whether there was knowing assistance in dishonest breach of fiduciary duties
4. › No liability established