Zuber, who is a joint venture partner in a company, had surreptitiously used information acquired in the course of pursuing the joint venture in order to acquire property adjacent to the joint venture site for his own us

Answer 6(a) Yes, Zuber can be held liable since it amounts to breach of fiduciary duty. The facts of the case is similar to those of the case decide in the matter of Say-Dee v. Farah Constructions Pty Ltd [2005] NSWCA 309 . In this case, a joint venture partner had surreptitiously used information acquired in the course of pursuing the joint venture in order to acquire property adjacent to the joint venture site for its own advantage. This conduct was in breach of fiduciary duty. In calculating the profits which the party in breach had made, the Court made an allowance in its favour for its entrepreneurial skill and efforts in taking advantage of and turning to profit the business opportunity it had appropriated to itself. This allowance was deemed appropriate despite the surreptitious way in which the errant fiduciary had behaved.