“…of Australia) at 496 per Kirby J, cited with approval by Lord Neuberger MR in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347, [2012] Ch 453, at [47]. This would be achieved by rejecting the present claim for compensation.…”
“… wrong as a justification for retaining the benefit. But in the decision of the Court of Appeal in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2012] Ch 453 it was suggested that the benefit should not be recoverable unless the agent had taken advantage of an opportunity that was “properly that of the [principal]”:…”