Commissioner of Taxation v Oswal (No 6)
[2016] FCA 762
Citation 1
(Para 66)
…intent, it is the mind of the transferor rather than the transferee which is critical ”. 154Recently, in Commissioner of Taxation v Oswal (No 6) [2016] FCA 762 (29 June 2016) at [66], Gilmour J summarized the circumstances in which the intention to defraud may be inferred: “ There are various circumstances in wh…
Marcolongo v Chen
[2011] HCA 3
Citation 2
…principles arising under section 172 have been recently discussed by the High Court, in Marcolongo v Chen (2011) 242 CLR 546 (“ Marcolongo ”). At [20]-[25] the plurality (French CJ, Gummow, Crennan and Bell JJ) said: “ 20. … in accordance with that case law, exemplified by remarks of Lord Mansfield, and more recently…
Maguire v Makaronis
[1997] HCA 23
Citation 3
…g that a particular relationship gives rise to the duties of a fiduciary (see Maguire v Makaronis (1996) 188 CLR 449 at 463-4 per Brennan CJ, Gaudron, McHugh and Gummow JJ). 141In the present case, I do not consider the fact that Mr Artemas made mortgage payments from moneys derived from the sale of the units gives r…
Muschinski v Dodds
[1985] HCA 78
Citation 4
…upon the failure of a relationship between two parties ”. 136Justice Kaye referred to the judgment of Deane J in Muschinki v. Dodds (1986) 160 CLR 583 at 621 where Deane J stated that the “ rationale and operation ” of the relevant equitable principles “is to prevent wrongful and undue advantage being taken by one pa…
Talacko v Talacko
[2015] VSC 287
Citation 5
(Para 235)
…153In Talacko (as executor of Estate of Talacko) v Talacko [2015] VSC 287 at [235], McDonald J said that “ the requisite intention can be established by an intention to defeat, delay or hinder. The intent to defeat, delay or hinder need not be the sole or predominant intent. It may co-exist with a good faith inte…
Perpetual Nominees Limited v Rytelle Pty Ltd (No. 2)
[2012] VSC 440
Citation 6
(Para 16)
…152The principles were also summarized by Sifris J in Perpetual Nominees Limited v Rytelle Pty Ltd & Ors (No. 2) [2012] VSC 440 at [16]: “ [16] The following relevant principles are not in dispute and are supported by high authority – a. The phase ‘intent to defraud’ includes an intent to delay or hinder. b . Alt…
Cressy v Johnson
[2009] VSC 52
Citation 7
…on with whom they are in a joint personal relationship or endeavour characterised by a pooling of assets or resources. In Cressy v. Johnson [2009] VSC 52, Kaye J analysed the relevant High Court decisions. At paragraph 187, Kaye J noted that the decisions “ emphasised that the law does not impose a constructive…
Dennis Hanger Pty Ltd v Brown & Ors
[2007] VSC 495
Citation 8
…it of Mr and Mrs Artemas. 132Plaintiffs’ counsel relied upon the statement of principle set out by Warren CJ in Dennis Hanger Pty Ltd v Brown & Ors [2007] VSC 495 (“ Dennis Hanger ”) at [34]-[36]: “ [34] In relation to the plaintiff’s claimed interest, the relevant principles of equity are as follows. A person wh…