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: Remedies
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 […]
In the light of a recent Court of Appeal decision, great care should be exercised in choosing the court in which to issue proceedings claiming an equitable interest in the property of a bankrupt. In Turner v Gorkowski [2014] VSCA 248, the Victorian Court of Appeal transferred to the Federal Court a Supreme Court proceeding in […]
Equity, Trusts and More 