Practical Justice and Appropriate Relief: Grimaldi v Chameleon Mining Nl (No 2)

Abstract

Grimaldi v Chameleon Mining NL (No 2) is a sumptuous case for teachers and students of fiduciary law. Its facts give rise to the whole range of issues associated with breaches of fiduciary obligations. This note considers the question of ‘appropriate’ relief in the pursuit of ‘practical justice’ which is reviewed at length by the Federal Court. There is apparently ‘a level of predictability to the award of remedy in routine cases’ obtained from the ‘mixture of learning, intuition and experience’ in light of the ‘purpose of a doctrine.’ Although there are no rights to particular remedies, it is ‘the case that, in many instances and for many types of equitable wrong, the remedy that is the most appropriate will self-select absent unusual circumstances’.