Category: Uncategorized

Catchwords: EQUITY – Trusts and trustees – Express trusts – Intention to create – where plaintiffs invested funds to enable first defendant to engage in private placement program arbitrage transactions – intention to create an express trust over principal funds established – damages awarded limited to agreed rate of return described in investment agreement https://jade.io/viewArticle.html?aid=766771&pid=-1&h=1502666671

Catchwords: Corporation law – Direction sought by liquidator – Turns on own facts Article source: https://jade.io/viewArticle.html?aid=766769&pid=-1&h=406995063

Catchwords: TORTS – dismissal of public sector employee – dismissal alleged to have been effected in contravention of applicable statutory provisions – whether alleged contraventions, if made out, give rise to cause of action in tort PRACTICE AND PROCEDURE – interlocutory application for summary dismissal of applicant’s claim pursuant to r 26.01 of the Federal…

Catchwords: TAXATION – Australia and Thailand double taxation treaty Art 4(3) – “tiebreaker” provisions regarding residency – where respondent’s de facto wife and children lived in Australia and respondent worked in Thailand –whether respondent had an habitual abode in both Australia and Thailand – whether assessment based on more than days spent in one contracting…

Catchwords: CORPORATIONS – rights issues from 1962 to 1997 – dilution of shareholding – general equitable jurisdiction invoked – unclear how relief sought arises from pleaded facts between these parties. Article source: https://jade.io/viewArticle.html?aid=766717&pid=-1&h=406995063

BMC Cancer; 09/22/2020(AN 146007995); ISSN: 14712407Academic Search Complete

Catchwords: EQUITY – EQUITABLE REMEDIES – INJUNCTIONS – MANDATORY INJUNCTIONS – OTHER MATTERS – where the terms of a settlement deed and a consent order made in one proceeding required the applicants to indemnify the fourth respondent in respect of any liability it might have to the first respondent for a claim advanced in another…

Catchwords: CONTRACTS — performance — discharge by performance — payment — sale of real property —prior expenditure on property by purchaser — alleged oral agreement to treat expenditure as deposit — collateral contract — restitution COSTS — party/party — specific court rules in relation to costs — whether proceedings could have been commenced in District…

Catchwords: JUDGMENTS AND ORDERS – orders concerning interim indemnification of previous trustee for costs of delivery of trust documents to new trustee – whether orders final or interlocutory – orders expressly stated to be subject to any further order – exercise of discretion by primary judge in case management and the working out of earlier…

Catchwords: TORTS – fraudulent conspiracy – appellant alleged multiple parties fraudulently conspired to procure him to obtain a short-term loan he was unable to repay – case entirely circumstantial with no direct evidence – matters relied upon fell well short of proving allegations to the relevant Briginshaw standard – findings by primary judge credit-based and…