Question
JOGINDER WAS THE MANAGING DIRECTOR OF MOBITAKE INVESTMENTSPTY LTD. WHILE HE WAS STILL SERVING IN THAT CAPACITY, HE ACQUIRED A SHELF COMPANY CALLED QUICKBUY PTY
JOGINDER WAS THE MANAGING DIRECTOR OF MOBITAKE INVESTMENTSPTY LTD. WHILE HE WAS STILL SERVING IN THAT CAPACITY, HE ACQUIRED A SHELF COMPANY CALLED QUICKBUY PTY LTD. MOBITAKE WAS BUSINESS OF DEVELOPING MOBILE TELEPHONE SOFTWARE AND WAS CONTINUALLY LOOKING FOR NEW BUSINESS BY COMPETIVELY BIDDING FOR JOBS UNDER TENDER. A POTENTIALCUSTOMER SOUGHT BIDS FOR THE DEVELOPMENT OF AN APPLICATION TO ALLOW SUBSCRIBERS TO ORDER AND PAY FOR DOMESTIC SUPPLIES FROM SEVERAL SUPERMARKETS SIMULTANEOUSLY, JOGINDER WAS INVOLVED IN THE PROCESS OF PUTTING TOGETHER THE BID FOR MOBITAKE, AS HE WORKED CLOSELY WITH THE TECHNICAL TEAM.
UNKNOWN TO MOBITAKE INDUSTRIES, JOGINDER SECRETLY CAUSED HIS OWN COMPANY, QUICKBUY, TO SUBMIT A BID IN COMPETITION WITH MOBITAKE INDUSTRIES FOR THE DEVELOPMENT OF THE SAME APPLICATION. QUICKBUY WAS THE SUCCESSFUL TENDERER AS ITS PRICE WAS LOWER THAN MOBITAKE'S.
QUICKBUY WAS AWARDED THE CONTRACT WICH IT PERFOMED AND WAS ABLE TO SECURE GOOD PROFITS. MOBITAKE SOON DISCOVERED THIS AND NOW SEEKS YOUR ADVICE ON WHETHER THEY CAN RECOVER THE PROFITS MADE BY QUICKBUY FROM JOGINDER ON THE BASIS THAT HE BREACHED HIS FIDUCIARY DUTY TO MOBITAKE.
EXPLAIN: WHETHER MOBITAKE INVESTMENTS PTY LTD CAN RECOVER THE PROFITS FROM JOGINDER. GIVE SUPPORTING CASE LAW
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