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February 22, 2014September 16, 2019Uncategorized

Lessons from the Pesaka Litigation

Federal Court gives important judgment affecting corporate trustees and parties to trust [...]
February 21, 2014September 16, 2019Uncategorized

Constructive Trustees and Limitation Periods

UK Supreme Court clarifies who is a "constructive trustee" for the purposes [...]
February 9, 2014September 16, 2019Uncategorized

Inadequacy of Damages: A Moral Hazard

Federal Court rules that contractual stipulation that damages not adequate remedy not [...]
November 26, 2013September 16, 2019Uncategorized

Damages for Oppression: an Illusory Remedy?

Federal Court rules that damages may be granted as a remedy in [...]
November 4, 2013September 16, 2019Uncategorized

Commercial Contracts and Fiduciary Relationships

Federal Court clarifies commercial contracts unlikely to give rise to fiduciary relationships. [...]
October 30, 2013September 16, 2019Uncategorized

Quistclose Trusts: Primacy of Purpose?

Federal Court upholds Quistclose trust in favour of corporate trustee.   The [...]
October 9, 2013September 16, 2019Uncategorized

The Myth of Good Faith

Court of Appeal affirms there is no free standing contractual duty of [...]
September 30, 2013September 16, 2019Uncategorized

Constructive Trusts and Unjust Enrichment: In Search of Principle

Court of Appeal rules that constructive trust may be imposed to reverse [...]
September 20, 2013September 16, 2019Uncategorized

Suspend At Your Own Risk

Federal Court considers effect of suspension of contracts by mutual agreement.   [...]
August 26, 2013September 16, 2019Uncategorized

When Time Is Not Money

Federal Court allows contract-breaker to benefit from its own wrong? In the [...]

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