Colleagues, 

The decision in Break Fast Investments, v Rigby Cooke [2021] VSC 398, handed down today is an interesting and useful case dealing with a multitude of equity issues: fiduciary obligations, knowing receipt, equitable compensation, unclean hands, laches, and limitations legislation by analogy. 

These principles arose for consideration in the context of a fiduciary obligation case where it was argued that a solicitor was in breach of the conflict of duty and duty rule.

Perhaps the most interesting part of the case (paras 113-135) deals with whether, in establishing the existence of a breach of fiduciary obligations, there is a stricter standard in conflict of duty and duty cases than in conflict of duty and interest cases. Macaulay J concluded that there was not.

The link to the decision:

Peter