Han Jing Pty Ltd v Nestle Australia Limited

[2021] FCA 143

Federal Court of Australia24 February 2021

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Judges

Thawley J

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Case Details

Citation[2021] FCA 143

CourtFCA

JurisdictionCommonwealth

Decision Date24 February 2021

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Judgment

Judges

Thawley J

Subsequent Judicial Consideration1›

Cases that have considered Han Jing Pty Ltd v Nestle Australia Limited

Referred to (1)

Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 13) [2023] FCA 84

Judicial Consideration (Chronological)

Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 13) [2023] FCA 84Referred 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.

Han Jing Pty Ltd v Nestle Australia Limited at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

Han Jing Pty Ltd v Nestle Australia Limited at [37]

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Case Details

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Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.