Youyang Pty Limited v Minter Ellison Morris Fletcher

[2003] HCA 15
Judgment date
Case number
S237/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Trusts – Express trust – Money received by firm of solicitors to be held for a specific purpose and in accordance with specific conditions – Misapplication of funds by firm – Breach of express trust – Liability of firm as trustee – When breaches of trust occurred – Remedies – Restoration of trust fund – Causation – Whether appellant suffered a recoverable loss in consequence of firm's breaches of trust – Whether appellant would not have suffered loss but for breach of trust – When loss is to be assessed.

Supreme Court Act 1970 (NSW) – s 94.

Files
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