ADVENTURE GOLF SYSTEMS AUSTRALIA PTY LTD v BELGRAVIA HEALTH & LEISURE GROUP PTY LTD

54 VR 625·Santamaria, Kaye and Ashley JJA
54 VR 625
54 VR 625
ADVENTURE GOLF SYSTEMS AUSTRALIA PTY LTD v BELGRAVIA HEALTH & LEISURE GROUP PTY LTD Court of AppealSantamaria, Kaye and Ashley JJA 13 October, 08 November 2017[2017] VSCA 326EquityFiduciary obligationsCommercial relationship governed by contractFactors relevant to existence of fiduciary relationshipWhether fiduciary relationship existed.

In 2000, the applicant developer (AGS) and the respondent manager (Belgravia) executed an agreement (Dingley agreement) governing the construction and operation of an adventure golf course and the sharing of revenue after the deduction of expenses. Under cl 6, the duration of the Dingley agreement was expressed to continue to have effect for so long as Belgravia occupied the site ‘in accordance with’ a management agreement between Belgravia and Parks Victoria. Over time, the management agreement was extended twice: once by variation and again by the exercise of an option term by Parks Victoria.

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