Long v Spivey

[2004] QCA 118

Queensland Court of Appeal22 April 2004

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Judges

Davies JA, Holmes J

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Case Details

Citation[2004] QCA 118

CourtQCA

JurisdictionQld

Decision Date22 April 2004

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Judgment

Judges

Davies JA · Holmes J

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.

Long v Spivey at [30]

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

Long v Spivey at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.