Friend v Brooker

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND BELL JJNICHOLAS MACARTHUR FRIEND  APPELLANTANDFREDERICK CLARKSON BROOKER & ANOR  RESPONDENTSFriend v Brooker [2009] HCA 2128 May 2009S475/2008ORDER1.        Appeal allowed.2.        First respondent to pay the costs of the appellant.3.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales entered 25 June 2008 and, in lieu thereof, order that the appeal to that Court be dismissed with costs, including the costs of the application for recall of reasons.On appeal from the Supreme Court of New South WalesRepresentationC R C Newlinds SC with H S Packer and B R Kremer for the appellant (instructed by Bull, Son & Schmidt)B W Walker SC with M S White for the first respondent (instructed by Levitt Robinson Solicitors)No appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFriend v BrookerEquity – Doctrine of contribution – "Co-ordinate liability" – Appellant and respondent company directors – Respondent personally borrowed money which was on-lent to the company – Company ceased trading – Respondent sought funds from appellant to repay personal loan – Whether fiduciary relationship existed between the two – Whether co-ordinate liability existed so as to require equitable contribution from appellant.Words and phrases – "common design", "community of interest", "co-ordinate liability", "equitable contribution".FRENCH CJ, GUMMOW, HAYNE AND BELL JJ.  This appeal is brought by Mr Friend from the decision of the New South Wales Court of Appeal...