Mortimer v West (in his role as Deputy State Coroner)

[2015] VSC 150

Supreme Court of Victoria20 April 2015

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Case Details

Citation[2015] VSC 150

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JurisdictionVic

Decision Date20 April 2015

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Judgment

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

Mortimer v West (in his role as Deputy State Coroner) 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.

Mortimer v West (in his role as Deputy State Coroner) at [37]

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Case Details

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Built by Barristers,
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