Love v Kempton & Anor

[2010] VSC 254

Supreme Court of Victoria10 June 2010

View on AustLII View on JADE Download

Judges

Dodds-Stretton J

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2010] VSC 254

CourtVSC

JurisdictionVic

Decision Date10 June 2010

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

Judges

Dodds-stretton 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.

Love v Kempton & Anor at [30]

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Love v Kempton & Anor at [37]

Judges

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.