Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 - additional examination orders) [2021] FCA 1383 — BarristerAI

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 - additional examination orders)

[2021] FCA 1383

Federal Court of Australia9 November 2021

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Judges

Wigney J

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Case Details

Citation[2021] FCA 1383

CourtFCA

JurisdictionCommonwealth

Decision Date9 November 2021

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Judgment

Judges

Wigney J

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.

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 - additional examination orders) 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.

Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 6 - additional examination orders) at [37]

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Case Details

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Judgment

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