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Korda & Ors v. Australian Executor Trustees (SA) Limited

Case No. M82/2014

Case information

Lower Court Judgment

10/04/2014 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Osborn JA & Robson AJA)

[2014] VSCA 65

Catchwords

Equity – Trusts – Investment scheme – Investors invited to invest in timber plantation – Different operating companies undertook cultivation, milling and sale of timber – According to Trust Deed, trustee was to hold proceeds of timber sales for investors – Operating companies were liquidated before sale proceeds were paid to trustee – Whether commercial necessity mandated imputation of unstated trust over timber proceeds before payment to trustee.

Short Particulars

Documents

15/08/2014 Hearing (SLA, Melbourne)

28/08/2014 Notice of appeal

19/09/2014 Written submissions (Appellants)

19/09/2014 Chronology (Appellants)

10/10/2014 Written submissions (Respondent)

24/10/2014 Reply

06/11/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

04/03/2015 Judgment (Summary)