Equity

Jeffrey-Potts v Garel [2012] VSC 237

This case arises out of a relationship between a boarding house operator and her young boarder spanning nearly 20 years and the property portfolio amassed between them, which they both lay claim to. Twelve units were purchased in the boarder’s name, initially with funds contributed solely by the boarding house operator and later with funds …

Jeffrey-Potts v Garel [2012] VSC 237 Read More »

Falloon v Madden [2012] NSWSC 652

A wife died leaving her estate to her husband and two children from a previous marriage. Her husband claimed that he had paid for the house and the estate held it on resulting trust for him solely and claimed reimbursement of mortgage instalments and improvements to the house. The court did not believe the husband …

Falloon v Madden [2012] NSWSC 652 Read More »

William Co-Buchong & Anor v Citigroup [2011] NSWSC 1199

Joint account-holders held bank accounts with Citibank and NAB. Citibank transferred money from their account on a fraudulent instruction to NAB, which then paid the money out also on a fraudulent instruction to three people living in the Philippines. The customers sued for damages against both banks on the basis that moneys were paid out …

William Co-Buchong & Anor v Citigroup [2011] NSWSC 1199 Read More »

Parker v Alessi [2011] NSWSC 947

This case concerns a failed joint venture between engineers and achitects. One of the financiers called upon the personal guarantees and one guarantor paid out the loan and took an assignment of the loan and called upon the other guarantors to pay their proportions. The agreement was to split the profits after $500,000 was paid …

Parker v Alessi [2011] NSWSC 947 Read More »

In the matter of Challenger Managed Investments as responsible entity for Challenger Howard Mortgage Fund [2011] NSWSC 721

Further judicial advice was sought by the transferee of shares in a fund and also the trustee in relation to previous judicial advice pursuant to section 63 of the Trustee Act 1925 (NSW) and the transfer of units from unitholders to the transferee at a price below the unit price. The previous judicial advice required …

In the matter of Challenger Managed Investments as responsible entity for Challenger Howard Mortgage Fund [2011] NSWSC 721 Read More »

Metroland Funds Management v Skyrise Consultants [2011] NSWSC 343

Two joint venturers entered into a written contract providing for one of the joint venturers to commence certain advisory services. They had to be performed upon a completion notice being issued and not before. If no completion notice was issued within 12 months, the deposit paid by the other joint venturer would be returned. Twelve …

Metroland Funds Management v Skyrise Consultants [2011] NSWSC 343 Read More »

Australian Financial Services and Leasing v Hills Industries [2011] NSWSC 267

This case concerned a determination as to which of a number of entities should bear the cost of a fraud. A finance company rented out purchased equipment for clients. The client fraudster entered into a rental agreement with the finance company in relation to equipment that never existed. The fraudster had provided the finance company …

Australian Financial Services and Leasing v Hills Industries [2011] NSWSC 267 Read More »

Scroll to Top