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NAGY v RYAN No. SCCIV-02-992 [2003] SASC 37 — BarristerAI

NAGY v RYAN No. Scciv-02-992

[2003] SASC 37

Supreme Court of South Australia

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Case Details

Citation[2003] SASC 37

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Judgment

Authorities Cited4›

Cases considered by NAGY v RYAN No. SCCIV-02-992

Referred to (4)

[2001] FCA 931 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146 Minogue v Human Rights & Equal Opportunity Commission (includes corrigendum dated 19 February 1999) [1999] FCA 85 Dietrich v R [1992] HCA 57

Subsequent Judicial Consideration6›

Cases that have considered NAGY v RYAN No. SCCIV-02-992

Referred to (6)

Tomasevic v Travaglini & Anor [2007] VSC 337 Simjanovska v Department of Human Services [2019] FCA 499 Aldous v State of New South Wales [2018] NSWCA 261 Pollock v Hicks [2015] NSWCA 122 Bauskis v Liew [2013] NSWCA 297

Judicial Consideration (Chronological)

Tomasevic v Travaglini & Anor [2007] VSC 337Referred to

Simjanovska v Department of Human Services [2019] FCA 499Referred to

Aldous v State of New South Wales [2018] NSWCA 261Referred to

Pollock v Hicks [2015] NSWCA 122Referred to

Bauskis v Liew [2013] NSWCA 297Referred to

Hamod v State of New South Wales and Anor [2011] NSWCA 375Referred to

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

NAGY v RYAN No. SCCIV-02-992 at [30]

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account.

NAGY v RYAN No. SCCIV-02-992 at [37]