Porter v Mulcahy & Co Accounting Services (No 6)
Supreme Court of Victoria
Delany J
10/04/2024
[2024] VSC 171
Equity — Breach of fiduciary duty — Remedies — Election — Multiple wrongdoers — Split election against different defendants — Whether double recovery — Whether plaintiff entitled to make split election as between defaulting fiduciary and third party accessory
Equity — Remedies — Account of profits — Award of interest in equity — Whether statutory penalty interest rate or other rate should be applied
Costs — Indemnity costs — Calderbank offer — Offer jointly made to all defendants — Whether defendants unreasonably refused to accept offer
Read the judgment here.