John Alexander's Clubs Pty Limited v White City Tennis Club Limited

Equity – Fiduciary obligations - Where commercial parties entered into series of agreements - Relevance of contractual terms to existence of fiduciary relationship - Where memorandum of understanding required grantee of option to purchase land to exercise option in favour of another - Where later agreement superseded memorandum of understanding and contained no such requirement - Whether fiduciary obligations arose between parties.

Trusts – Constructive trust - Whether equitable fraud, unconscionable conduct or breach of fiduciary duty by grantee of option - Whether order to convey option land appropriate - Relevance of third party interests.

Procedure – Joinder of parties - Where constructive trust declared over land encumbered by equitable mortgage - Where party seeking constructive trust had notice of mortgage - Where mortgagee not a party - Whether mortgagee necessary party to action - Whether mortgagee entitled to be joined - Whether mortgagee entitled to have orders set aside - Whether mortgagee estopped.

Words and phrases – "fiduciary", "injurious to third parties", "necessary party".

Uniform Civil Procedure Rules 2005 (NSW) – r 36.16.