Breen v Williams
| Jurisdiction | Australia Federal only |
| Judgment Date | 1995 |
| Neutral Citation | [1995] HCA 63,1996-0906 HCA A,[1996] HCA 57 |
| Date | 1995 |
| Year | 1995 |
| Court | High Court |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
314 cases
2 firm's commentaries
-
Stronger Super: a new dawn for trustee governance
...with a number of legislative refinements and there is considerable doubt about the scope of many of the FSR rules. 35 Above n1, 46. 36 (1996) 186 CLR 71. 37 (2001) 207 CLR 165. 38 P D Finn, "The Fiduciary Principle" in T G Youdan (Ed), Equity, Fiduciaries and Trusts (1989), 1. 39 These duti......
-
As a doctor, do you want to be an independent contractor, or an employee?
...employed less than full-time. 3 British Medical Association v Commonwealth (1949) 79 CLR 201. 4 The view is echoed in Breen v Williams (1996) 186 CLR 71, 123. 5 It was not until 1959 that there were enough Specialists employed in Victorian Public Hospitals to warrant the state government co......
15 books & journal articles
-
UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...72 Camb LJ 260 at 262. 58 The Australian authorities are generally hostile towards prescriptive fiduciary duties: see Breen v Williams(1996) 186 CLR 71; Pilmer v Duke Group Ltd(2001) 207 CLR 165; and P&V Industries Pty Ltd v Porto[2006] VSC 131. Although the recent English case of Item Soft......
-
SELF-DEALING AND NO-PROFIT RULES: COMPANIES ACT 2016
...v Brayhead Ltd [1968] 1 QB 549 at 589. 64 Attorney-General v Blake [1998] Ch 439 at 455, per Lord Woolf MR citing Breen v Williams (1996) 138 ALR 259. See also Pilmer v Duke Group (2001) 38 ACSR 122 at [74] and Dresna Pty Ltd v Linknarf Management Services Pty Ltd (2006) 237 ALR 687 at [132......
-
RECONFIGURING THE NO CONFLICT RULE
...that adopted by Lord Woolf in A-G v BlakeELR[1998] Ch 439 at 455: “[E]quity is proscriptive, not prescriptive: see Breen v WilliamsUNK(1996) 138 ALR 259. It tells the fiduciary what he must not do. It does not tell him what he ought to do.” See also Millett, “Equity's Place in the Law of Co......
-
Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
...Ibid s 47(1)(a).12. Commonwealth Bank of Australia v Smith (1991) 42 FCR 390, 392 (Davies, Sheppard and GummowJJ); Breen v Williams (1996) 186 CLR 71, 135 (Gummow J): ‘[t]he fiduciary is obliged not to enter uponconflicting obligations to several parties’; Pilmer v Duke Group Ltd (in liq) (......
Request a trial to view additional results