Australia Leading Case account of profitsapportionmentbusiness opportunity

Warman International Ltd v Dwyer

[1995] HCA 18; (1995) 182 CLR 544

JurisdictionAustralia

CourtHigh Court of Australia

Year1995

StatusBinding authority

Key Principle

A fiduciary who diverts a business opportunity must account for profits, but the account may be limited so it does not become a vehicle for the plaintiff's unjust enrichment; the burden lies on the fiduciary to show an apportionment is just.

Area of Law

Equity, Trusts & Restitution

Related Cases

Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583

Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196

Hopper & Anor v State of Victoria [2026] HCA 11

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