Tweedale v Carnival PLC trading as P&O Cruises

[2021] FCA 1633

Federal Court of Australia21 December 2021

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Judges

Perry J

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Case Details

Citation[2021] FCA 1633

CourtFCA

JurisdictionCommonwealth

Decision Date21 December 2021

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Judgment

Judges

Perry J

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.

Tweedale v Carnival PLC trading as P&O Cruises at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Tweedale v Carnival PLC trading as P&O Cruises at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.