A recent judgment of the New South Wales Court of Appeal is a useful reminder of the evidentiary principles involved in proving a tracing claim. If a plaintiff raises a clear prima facie case and the recipient of funds fails to offer a reasonable explanation for receiving them, Courts will readily use ‘commonsense and reasonable […]
Monthly Archives: September 2012
The Supreme Court of Victoria has recently affirmed that the Corporations Act oppression provisions can be used when a company in which the oppression has occurred is a trustee company. This has significant consequences for business relationships conducted through a unit trust structure that have turned sour. Until the decision of Davies J in Vigliaroni […]
The High Court has held that relief against penalties is not limited to consequences imposed after a breach of contract. The equitable remedy of relief against penalties has a murky past. As the High Court has recently observed, a proper understanding of the doctrine requires ‘more than a brief backward glance’. One controversial element of […]
