Australia · Year 3 · Equity & Trusts
Fiduciaries & Unconscionability II
More equity cases.
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1.Louth v Diprose (1992) — held?
A gift was set aside for unconscionable dealing where the donor's emotional dependence on the donee was a special disadvantage that the donee exploited.
(1992) 175 CLR 621
2.Baumgartner v Baumgartner (1987) — held?
A constructive trust was imposed over a home acquired with pooled funds of de facto partners, as retention by one would be unconscionable.
(1987) 164 CLR 137
3.Breen v Williams (1996) — held?
A doctor did not owe a fiduciary duty to give a patient access to medical records.
(1996) 186 CLR 71
4.Pilmer v Duke Group (2001) — principle?
Fiduciary duties in Australia are proscriptive (avoid conflicts and unauthorised profits), not prescriptive.
(2001) 207 CLR 165
5.Farah Constructions v Say-Dee (2007) — significance?
Clarified the knowing-receipt and knowing-assistance limbs of Barnes v Addy and warned intermediate courts to follow seriously considered High Court dicta.
(2007) 230 CLR 89
6.Giumelli v Giumelli (1999) — held?
Equitable estoppel relief is the minimum equity to do justice, and may be a monetary sum instead of enforcing the promise.
(1999) 196 CLR 101