Lessons from the Pesaka Litigation
Federal Court gives important judgment affecting corporate trustees and parties to trust [...]
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Constructive Trustees and Limitation Periods
UK Supreme Court clarifies who is a "constructive trustee" for the purposes [...]
Inadequacy of Damages: A Moral Hazard
Federal Court rules that contractual stipulation that damages not adequate remedy not [...]
Damages for Oppression: an Illusory Remedy?
Federal Court rules that damages may be granted as a remedy in [...]
Commercial Contracts and Fiduciary Relationships
Federal Court clarifies commercial contracts unlikely to give rise to fiduciary relationships. [...]
Quistclose Trusts: Primacy of Purpose?
Federal Court upholds Quistclose trust in favour of corporate trustee. The [...]
The Myth of Good Faith
Court of Appeal affirms there is no free standing contractual duty of [...]
Constructive Trusts and Unjust Enrichment: In Search of Principle
Court of Appeal rules that constructive trust may be imposed to reverse [...]
Suspend At Your Own Risk
Federal Court considers effect of suspension of contracts by mutual agreement. [...]
When Time Is Not Money
Federal Court allows contract-breaker to benefit from its own wrong? In the [...]