When your client is owed money by a trustee company, you may wonder whether there is anything to gain from winding up the trustee company. The company is probably a $2 company. The beneficiaries or the appointor will probably replace the trustee with a new one. What assets will the liquidator of the former trustee […]
Category Archives: Remedies
On 10 December 2012, the Victorian Supreme Court’s Commercial Court is hosting a conference. The Hon Keith Mason AC QC, former President of the NSW Court of Appeal will be speaking on the topic “Remedies for breach of fiduciary duties: Lessons from two recent mega-cases: Grimaldi and Bell Resources”. This is one of four topics […]
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 […]
Equity, Trusts and More 