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Kapp as substituted trustee for The Twin Trust v Aravanis as trustee of bankrupt estate of Kapp [2021] FCA 116 — BarristerAI

Kapp as substituted trustee for The Twin Trust v Aravanis as trustee of bankrupt estate of Kapp

[2021] FCA 116

Federal Court of Australia1 February 2021

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Judges

Wigney J

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Case Details

Citation[2021] FCA 116

CourtFCA

JurisdictionCommonwealth

Decision Date1 February 2021

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For Australian Law.

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Judgment

Judges

Wigney J

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

Kapp as substituted trustee for The Twin Trust v Aravanis as trustee of bankrupt estate of Kapp 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.

Kapp as substituted trustee for The Twin Trust v Aravanis as trustee of bankrupt estate of Kapp at [37]

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Case Details

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Judgment

Built by Barristers,
For Australian Law.