High Court of Australia

Friend v Brooker [2009] HCA 21

239 CLR 129; 83 ALJR 724; 255 ALR 601

28 May 2009

Case Number: S475/2008

Before

French CJ, Gummow, Hayne, Heydon, Bell JJ

Catchwords

Equity – 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".

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