Hung (Trustee), in the matter of Farouk v Farouk

[2021] FCA 117

Federal Court of Australia16 February 2021

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Derrington J

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Case Details

Citation[2021] FCA 117

CourtFCA

JurisdictionCommonwealth

Decision Date16 February 2021

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Judgment

Judges

Derrington 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.

Hung (Trustee), in the matter of Farouk v Farouk 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.

Hung (Trustee), in the matter of Farouk v Farouk at [37]

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