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Duke Group Ltd (in liq) v Pilmer
Judgment date: 30/01/1998
Court: SASC
Judge: Mullighan J
Citation:
(1998) 144 FLR 1;
(1998) 16 ACLC 567;
(1998) 27 ACSR 1;
[1998] SASC 6529;
BC9800107;
Catchwords: Negligence; Professional negligence; Accountants; Duty of care owed to company;
Equity; Fiduciaries; Existence of fiduciary relationship; Professional accountant and client;
Negligence; Contributory negligence; Professional negligence; Concurrent duties in contract and tort;
Corporations; Stock exchange; Listing rules; Takeovers;
Corporations; Corporate personality; Authority of corporate agents; Attribution of knowledge and acts of officers to company;
Corporations; Ultra vires; Legal capacity and powers; No liability company incorporated for mining purposes;
Damages; Assessment; Foreseeability; Concurrent liability for breach of contract and negligence;
Damages; Assessment; Measure of loss; Issue and allocation of shares;
Damages; Assessment; Remoteness of damage; Loss of opportunity;
Damages; Assessment; Interest; Compensation for being kept out of damages to which entitled;
Damages; Assessment; Taxation adjustment; Capital gains tax;
Partnerships and joint ventures; Partnerships; Existence of partnership; National professional partnership;
Corporations; Directors; Directors' duties; Breach of duty to act honestly;