Case Reports

Partnerships and joint ventures - Breach of fiduciary duties

In Brookes v. Ralph & Ors [2009] QSC 416 (18 December 2009), the Queensland Supreme Court granted an Application for orders.  Applicant claimed Respondents breached their fiduciary duties owed as partner to a joint venture warehouse development. The parties each held one share of warehouse development. First respondent informed Applicant could not obtain funding for project and suggested they vacate shares to second respondent to commence development.  Applicant vacated share and later found out that first respondent did not vacate share and development crystallised.  Held: Breach of fiduciary duties established by conduct of respondents in removing Applicant from joint venture.