Although neither Gilford nor Jones was apparently cited to Rimer J, the basis of his decision was essentially the same as that of those decisions. It was another example of the court being prepared to grant an equitable remedy against the creature com¬pany of the person primarily answerable. It was not, however, a case in which the court proceeded on the basis that, once die facts had been disclosed, Burn¬stead was held to have been subject from die outset to the like fiduciary duties towards ACP as had been Mr Dalby