Zibara v Ultra Management (Sports) Pty Ltd [2021] FCAFC 4 (02 February 2021) (McKerracher, Derrington and Anderson JJ)


Catchwords:


EQUITY – liability under the second limb of Barnes v Addy – whether it was open to the primary judge to find that the Third Appellant was liable to account to the Respondent on the pleadings and facts found by the primary judge – whether there was a need to expressly plead that the First and Second Appellants had engaged in a “dishonest and fraudulent design” – open to the primary judge to find that Third Appellant was liable to account to the Respondent

COSTS – discretion as to costs – whether primary judge’s discretion miscarried in ordering that the Appellants pay, on an indemnity basis, the Respondent’s costs of the days of the hearing of the trial – primary judge’s decision as to costs was within the bounds of the primary judge’s discretion as to costs