Tang v Tang & ors
 [2018] WTLR 1019

Autumn 2018 #173

T died intestate. D1, one of the administrators of T’s estate, purchased a property using estate funds to cover around 40% of the purchase price, without informing P, one of the beneficiaries of the estate. Soon after completion of the purchase, D1 repaid the money to the estate, with interest at a rate that he selected, labelling the transaction as a loan. Later, when the property’s value had increased, P became aware of D1’s actions and brought proceedings to recover the profit made by him.

Held

D1 was a fiduciary who had made a profit by the application of his principal’...

Libertarian Investments Ltd v Hall FACV Nos 14 & 16 of 2012

March 2015 #147

W and the defendant embarked on a project with the aim of acquiring a substantial interest in an English company, TSE, which started with the acquisition of 125,000 TSE shares in 2002 (the first tranche). In 2003 they attempted to make additional acquisitions of TSE shares, such attempts involving three of W’s companies, including the plaintiff. The overall scheme was that funds would be provided by one company, Assanzon, for the acquisition of shares for another company, Momentum, which were held for its beneficial owners which were principally the plaintiff company, Libertarian. The fu...