Dempster & Biala Ltd v Mallina Holdings Ltd

Judgment date: 5/10/1994
Court: WASC
Judge: Pidgeon, Rowland & Seaman JJ
Citation: (1994) 13 WAR 124; (1994) 15 ACSR 1; BC9401956;
Catchwords: Partnerships and joint ventures;  Rights and duties;  Parties involved in a mining venture;  Either as partners or joint venturers;  

Equity;  Remedies;  Assessment of damages;  Equitable compensation granted;  

Negligence;  Duty of care;  Failure to check information given by the fiduciary;  Whether such a failure is a breach of a duty;  

Practice and procedure;  Appeal;  Findings of fact made by trial judge;  Held findings were supportable and should be maintained;