ABSTRACT
Can equity order pecuniary relief going beyond compensation for loss when an egregious breach of fiduciary duty is established? The decision of the New South Wales Court of Appeal in Harris v Digital Pulse Pty Ltd, holding by majority that it cannot, has generated and continues to generate intense controversy, both in Australia and internationally. This chapter, drawing upon the original files and interviews with trial counsel and the trial judge, explains the context and forensic decisions giving rise to the litigation.
Leeming, Mark, Harris v Digital Pulse Pty Ltd (2003): Equity, Penalties, Controversy and Costs (June 1, 2023).
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