Pilmer v Duke Group Ltd (in Liquidation)
| Jurisdiction | Australia Federal only |
| Judge | McHugh,Gummow,Hayne,Callinan JJ,Kirby J |
| Judgment Date | 31 May 2001 |
| Neutral Citation | 2001-0531 HCA E,[2001] HCA 31 |
| Court | High Court |
| Docket Number | A46/1999 |
| Date | 31 May 2001 |
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207 cases
4 firm's commentaries
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Stronger Super: a new dawn for trustee governance
...3 Commonwealth of Australia, Stronger Super, 30 June 2010, 23. 4 Corporations Act, s 180(1)(a). 5 Pilmer v The Duke Group Ltd (in liq) (2001) 207 CLR 165, at 178-179 per McHugh, Gummow, Hayne & Callinan JJ. 6 See for example Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 2......
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Employees ' Damages for breach of contractual and fiduciary obligations
...of conflict, between the personal interest of the fiduciary and those to whom the duty is owed: Pilmer v Duke Group Ltd (in liq) [2001] HCA 31; (2001) 207 CLR 165 at 199; see also Coope v LCM Litigation Fund Pty Ltd [2016] NSWCA 37 at The Employees admitted that the terms of their employmen......
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Employees ' Damages for breach of contractual and fiduciary obligations
...of conflict, between the personal interest of the fiduciary and those to whom the duty is owed: Pilmer v Duke Group Ltd (in liq) [2001] HCA 31; (2001) 207 CLR 165 at 199; see also Coope v LCM Litigation Fund Pty Ltd [2016] NSWCA 37 at The Employees admitted that the terms of their employmen......
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The U.K. Supreme Court Revisits Equitable Compensation In Commercial Transactions
...Canson has also been followed in most other Commonwealth jurisdictions including in the Australian High Court (Pilmer v. Duke Group Ltd, [2001] HCA 31), the New Zealand Supreme Court (Premium Real Estate Ltd. v. Stevens, [2009] NZSC 15), and the Hong Kong Final Court of Appeal (Akai Holding......
4 books & journal articles
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...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 Software (UK) Ltd v Fassihi[2004] BCC 994 app......
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Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
...(Gummow J): ‘[t]he fiduciary is obliged not to enter uponconflicting obligations to several parties’; Pilmer v Duke Group Ltd (in liq) (2001) 207 CLR 165, 199[78] (McHugh, Gummow, Hayne and Callinan JJ). See also Maguire v Makaronis (1997) 188 CLR 449,461 (Brennan CJ, Gaudron, McHugh and Gu......
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RECONCEPTUALISING FIDUCIARY REGULATION IN ACTUAL CONFLICTS.
...for the helpful comments from the anonymous reviewers. The usual disclaimer applies. (1) See, eg, Pilmer v Duke Group Ltd (in liq) (2001) 207 CLR 165, 199 [78] (McHugh, Gummow, Hayne and Callinan JJ) (2) See, eg, Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41, ......
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Prosecutorial guidelines for voluntary euthanasia and assisted suicide: autonomy, public confidence and high quality decision-making.
...for Prosecutors in respect of Cases of Encouraging or Assisting Suicide, above n 13, [44]. (129) Pilmer v Duke Group Ltd (in liq) (2007) 207 CLR 165, 199 (McHugh, Gummow, Hayne and Callinan JJ), quoting Phelan v Middle States Oil Corporation, 220 F 2d 593, 602-3 (Learned Hand J for Learned ......