EGH19 v Minister for Home Affairs (No 2)

[2021] FCA 903

Federal Court of Australia4 August 2021

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Griffiths J

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Case Details

Citation[2021] FCA 903

CourtFCA

JurisdictionCommonwealth

Decision Date4 August 2021

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Judgment

Judges

Griffiths 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.

EGH19 v Minister for Home Affairs (No 2) 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.

EGH19 v Minister for Home Affairs (No 2) at [37]

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Case Details

Built by Barristers,For Australian Law.

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Built by Barristers,
For Australian Law.