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SZRSX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1065 — BarristerAI

SZRSX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCA 1065

Federal Court of Australia2 September 2021

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Judges

Jagot J

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Case Details

Citation[2021] FCA 1065

CourtFCA

JurisdictionCommonwealth

Decision Date2 September 2021

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For Australian Law.

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Judgment

Judges

Jagot 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.

SZRSX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [30]

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.

SZRSX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [37]

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Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
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