Friend v Brooker

[2009] HCA 21
Judgment date
Case number
S475/2008
Before
French CJ, Gummow, Hayne, Heydon, Bell JJ
Catchwords

Equity – Doctrine of contribution - "Co-ordinate liability" - Appellant and respondent company directors - Respondent personally borrowed money which was on-lent to the company - Company ceased trading - Respondent sought funds from appellant to repay personal loan - Whether fiduciary relationship existed between the two - Whether co-ordinate liability existed so as to require equitable contribution from appellant.

Words and phrases – "common design", "community of interest", "co-ordinate liability", "equitable contribution".

Files
21.rtf (76.61 KB)
21.pdf (160 KB)