who was WCLs JV partner?
and (ii) was there a breach of fiduciary duty under the JV Agreement? Who was WCL’s JV partner? The court accepted that The Heavenly Group did not exist and as the JV Agreement stated that Mr Brohoon and Mr Carley were acting on behalf of Heavenly Group, it was clear that Mr Brohoon and Mr Carley were acting in their personal capacity. There was no evidence of any other company being nominated as the JV partner, nor was there evidence that the JV Agreement was itself dependent on the nomination of another company. Was there a breach of fiduciary duty under the JV Agreement? WCL submitted that the relationship with Mr Brohoon and Mr Carley was based on trust and confidence, as it was expressly stated that both parties had entered into the JV Agreement in the ‘utmost good faith’. This, WCL argued, gave rise to fiduciary duties. WCL claimed that in breach of their fiduciary duties, Mr Brohoon and Mr Carley had acted to the detriment of the JV by interfering with the purchasers with respec
