Marundrury v Commonwealth Bank of Australia [2021] FCA 1379 — BarristerAI

Marundrury v Commonwealth Bank of Australia

[2021] FCA 1379

Federal Court of Australia8 November 2021

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Judges

Moshinsky J

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Case Details

Citation[2021] FCA 1379

CourtFCA

JurisdictionCommonwealth

Decision Date8 November 2021

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For Australian Law.

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Judgment

Judges

Moshinsky J

Subsequent Judicial Consideration1›

Cases that have considered Marundrury v Commonwealth Bank of Australia

Referred to (1)

Marundrury v Commonwealth Bank of Australia (No 2) [2022] FCA 916

Judicial Consideration (Chronological)

Marundrury v Commonwealth Bank of Australia (No 2) [2022] FCA 916Referred to

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.

Marundrury v Commonwealth Bank of Australia 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.

Marundrury v Commonwealth Bank of Australia at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.