Mortgagees should be aware of the recent Court of Appeal decision in Burness v Hill [2019] VSCA 94, which considered the doctrine of marshalling. A solicitor, Hill, held a second mortgage over Property A, belonging to his client, Love, to secure payment of legal fees. The CBA held a first mortgage over Property A and […]
Category Archives: Equitable Principles
The High Court yesterday enshrined the ‘but for’ causation threshold in Barnes v Addy claims for knowing assistance of breaches of fiduciary duty. In Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited [2018] HCA 43, the parties each marketed and provided funeral plans. Two employees of Lifeplan approached Foresters […]
Almost 12 months ago, I re-blogged Dominique Hogan-Doran’s post about the mechanics of proving the contents of a lost trust deed (here). Much has happened in the past year. Ms Hogan-Doran SC acquired post nominals (congratulations). Also over that time, my instructing solicitors Goldman Legal and I successfully navigated the lengthy process of establishing the contents of […]
Equity, Trusts and More 