Equitable Compensation for breach of fiduciary duty: Causation and contribution - The High Court dodges a fusion fallacy in Pilmer

Abstract

This article discusses the litigation culminating in the High Court's recent decision in Pilmer v Duke Group Ltd (in liq). It focuses upon the challenge to equitable doctrine presented by the South Australian Full Court's willingness to reduce an award of equitable compensation so as to take account of the plaintiff's contribution to its own loss. On appeal, the High Court comprehensively rejected this initiative and maintained the distinctive nature of pecuniary relief for equitable wrongs.