“…the fiduciary’s duty not to make an unauthorised profit from property which is subject to the fiduciary relationship: Gwembe Valley Development Co Ltd v Koshy [2004] 1 BCLC 131.”…”
“…es in cases falling within the self-dealing and fair-dealing rules”: see 248. However, in Gwembe Valley Development Co Ltd v Koshy (No 3) [2003] EWCA Civ 1048, [2004] 1 BCLC 131 (“Gwembe Valley”) Mummery LJ, giving the judgment of the Court of Appeal, concluded at paragraph 108 that the distinction was “an unnecessary complication” and…”