NIML Ltd v MAN Financial Australia Ltd
[2006] VSCA 128
Citation 1
…[3] NIML Ltd v MAN Financial Australia Ltd (2006) 15 VR 156 per Nettle JA at [38] – [40] [4] Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd [1998] 3 VR 133 at 143 per Tadgell JA. 116 I accept the submissions of Mr. Klempfner that the evidence shows that Ms Passon was intimately involved in the workings of the JCAT account and allowed her hus…
Intertransport International Private Ltd v Donaldson
[2005] VSCA 303
Citation 2
…ehane’s ‘ Equity: Doctrines and Remedies’ (4th ed.) at paragraph 5-005 et seq . See also Intertransport International Private Ltd v Donaldson [2005] VSCA 303 per Chernov JA at paragraph 27. Also Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221. Further, see ‘Restitution Law in Australia’ , Mason and Carter (2nd…
Duke Group Limited (in Liq) & Anor v Pilmer & Ors (No.6) No. Scciv-92-1874
[2004] SASC 147
Citation 3
…r and confidante . The relationship was one where he was obliged to act as a fiduciary.[2] [2] Pilmer v The Duke Group Ltd (in liq) (2001) 207 CLR 165 at paragraph 74 113 I accept the submissions of Mr Klempfner that the fourth-named defendant, Ms Passon, had knowledge of the misuse of the plaintiffs’ money by the fi…
Spangaro v Corporate Investment Australia Funds Management Ltd
[2003] FCA 1025
Citation 4
…it. She herself is liable in the circumstances.[7] [6] ( supra ). See also Spangaro v Corporate Investment Australia Funds Management Ltd [2003] FCA 1025 per Finkelstein J at [50] [7] Consul Development Pty Ltd v DPC Estates Pty Ltd (1975)132 CLR 373.…
Pilmer v the Duke Group Ltd (in Liquidation) No. Scciv-92-1874
[2002] SASC 230
Citation 5
…s only. He was their financial advisor and confidante . The relationship was one where he was obliged to act as a fiduciary.[2] [2] Pilmer v The Duke Group Ltd (in liq) (2001) 207 CLR 165 at paragraph 74 113 I accept the submissions of Mr Klempfner that the fourth-named defendant, Ms Passon, had knowledge of the misuse of the plaintiffs’ mon…
Pavey & Matthews Pty Ltd v Paul
[1987] HCA 5
Citation 6
…lso Intertransport International Private Ltd v Donaldson [2005] VSCA 303 per Chernov JA at paragraph 27. Also Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221. Further, see ‘Restitution Law in Australia’ , Mason and Carter (2nd ed.) at [141]. 117 In my judgment, the plaintiffs must succeed in each aspect of their c…
Consul Development Pty Ltd v DPC Estates Pty Ltd
[1975] HCA 8
Citation 7
…tment Australia Funds Management Ltd [2003] FCA 1025 per Finkelstein J at [50] [7] Consul Development Pty Ltd v DPC Estates Pty Ltd (1975)132 CLR 373.…