Farah Constructions Pty Ltd v Say-Dee Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, CALLINAN, HEYDON AND CRENNAN JJFARAH CONSTRUCTIONS PTY LTD & ORS   APPELLANTSANDSAY-DEE PTY LTD  RESPONDENTFarah Constructions Pty Ltd v Say-Dee Pty Ltd[2007] HCA 2224 May 2007S347/2006 & S461/2006ORDER1.        Appeal allowed.2.        Set aside the orders of the Court of Appeal of the Supreme Court of New     South Wales made on 21 December 2005 and varied on 28 November 2006       and in their place order that the appeal to that Court from the judgment and       orders of the Supreme Court of New South Wales dated 19 August 2004 and            22 November 2004 be dismissed with costs. 3.        Respondent to pay the appellants' costs of the proceedings in this Court.On appeal from the Supreme Court of New South WalesRepresentationF M Douglas QC with V R W Gray and R J Hardcastle for the appellants (instructed by Strathfield Law)A J Sullivan QC with J K Kirk and J S Emmett for the respondent (instructed by Esplins)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFarah ConstructIons Pty Ltd v Say-Dee Pty LtdEquity – Fiduciary duties – Joint venture to redevelop property between first appellant and respondent – Second appellant learnt that redevelopment would gain Council approval only if the property was amalgamated with adjoining properties – Adjoining properties purchased by the second appellant, his wife and children and another company controlled by the second appellant – Whether first appellant had an obligation to disclose to the respondent opportunities...