Accountancy Assignment

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COMPULSORY ASSIGNMENT For the purpose of this assignment, students need to address the principles as to when a Court will or will not exercise its discretion in relation to rules 13.4 and 14.28 UCPR. Students will also need to consider the provisions contained in Part 5, Crown Lands Act 1989 (NSW) (dealing with “Dedications and reservations of land”), and other specified provisions in this Act. As well, it is necessary to understand the principles outlined in the decisions of the High Court in relation to a fiduciary duty and whether or not it exists in relation to particular sections of society, as owed by government or government authority. There is no dispute on the facts, and this is not a case where the plaintiff will be…show more content…
We, the defendants, never agreed or committed to act or acted on behalf of the plaintiffs - they were only allowed to continue remaining and sleeping in the shed. The Council provided them with a broom and cleaning materials, as the plaintiffs requested, because it was necessary for the are to be clean when other members of the public wanted to enjoy it. This way the plaintiffs kept the picnic table areas clean. Since 2000 the Council, as a trustee, has mowed the grass, cleared the garbage bins and checked the toilet area on regular basis. This maintenance activity was not done mainly for the use and enjoyment of the plaintiffs, but to ensure the public which was using those facilities would be able to do so in a pleasant and clean…show more content…
Therefore even if a fiduciary relationship would be proven the plaintiffs would have not right to ask the NSW Government to let them live on the land for an indefinite period of time. In Breen it was observed that the law has not formulated ‘any precise or comprehensive definition of the circumstances in which a person is constituted a fiduciary in his or her relations with another’[13], but this is a matter which is established on factual circumstances of each case. All the reasons displayed so far sustain that the factual circumstances do not prove such a
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