Equitable Compensation

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Relevant principles for distinguishing between equitable compensation and common law damages: Parker, In the matter of Purcom No 34 Pty Ltd (In Liq) (No 2) [2010] FCA 624 per Gordon J at [23]; Ramsay v BigTinCan Pty Ltd  [2014] NSWCA 324 at [68ff]; Fico v O’Leary and Ors [2004] WASC 215 at [160] ff; GM & AM Pearce & Co Pty Ltd v Australian Tallow Producers and Palmer [2005] VSCA 113 at [65]; Watson v Ebsworth & Ebsworth (a firm) [2008] VSC 510 at [135] ff

Although equitable damages or rather “equitable compensation’’ is normally concerned with the profit which has been made by the defendant, it can also be based upon the detriment suffered by the plaintiff: McKenzie v McDonald [1927] VLR 134;  Re Dawson (deceased) [1966] 2 NSWR 211

Whether equitable compensation may be calculated by reference to expected profits: Bailey v Namol Pty Ltd (1994) 125 ALR 228

The way in which one deals with compensation where the misbehaving fiduciary has not benefited: Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd (1995) 13 ACLC 991; (1995) 17 ACSR 495; (1995) 122 FLR 294

Non-trustee fiduciaries – company director – improper dealing with company assets  – whether strict test more widely applicable to non-trustee fiduciaries: O’Halloran v Thomas & Family Pty Ltd  (1998) 45 NSWLR 262

Claim for equitable contribution against directors of company: Maronis Holdings Ltd v Nippon Credit Australia Ltd [2001] NSWSC 448

Unconscionable conduct – Claim for equitable compensation: Lee v Mavaddat [2005] WASC 68

Equitable compensation, declaration and account of profits: Milltec Australia Pty Ltd v Burnes [2006] NSWCA 13