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Ancient Order of Foresters in Victoria Friendly Society Ltd V Lifeplan Australia Friendly Society Ltd

High Court of Australia

Judgment Date:
2018-10-10

Abstract:
The High Court of Australia (HCA) has unanimously dismissed an appeal against decision of Federal Court of Australia Full Court commenced by a company engaged in business of providing funeral products against its competitor company and its former employees for breaches of fiduciary duties and contraventions of the (CTH) Corporations Act 2001. The HCA found that appellant knowingly participated in breaches of fiduciary duty by choosing to take up and to implement the business plan proposed with knowledge of the conduct which constituted those breaches of fiduciary duty in circumstances which would have indicated the dishonest and fraudulent nature of that conduct to an honest and reasonable person.

Equity | Fiduciaries | Duty | Breach

Published:
10/10/2018
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