Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gusdote Pty Limited v North Queensland Land Development Pty Limited [2011] FCA 202 Citation: Gusdote Pty Limited v North Queensland Land Development Pty Limited [2011] FCA 202
Parties: GUSDOTE PTY LIMITED (ADMINISTRATOR APPOINTED) ACN 089 937 253 v NORTH QUEENSLAND LAND DEVELOPMENT PTY LIMITED (IN LIQUIDATION) ACN 125 265 358
File number(s): NSD 1496 of 2010
Judge: EMMETT J
Date of judgment: 3 March 2011
Catchwords: EQUITY – constructive trusts – where previous judgment declared existence of constructive trust in relation to title over parcel of land – where previous order made that account be made for all benefits and moneys received as a consequence of the transfer of that land – whether previous order required the re-conveyance of that land – where present proceeding sought orders for re-conveyance of the land – whether proceeding correctly pleaded – where contract for sale of land made in breach of fiduciary duty owed to vendor – where purchaser knowingly participated in that breach – whether proper course would have been to seek orders for rescission of the contract of sale and subsequent re-conveyance of land
Legislation: Corporations Act 2001 (Cth) ss 440D, 471B
Cases cited: Attorney-General (Hong Kong) v Reid [1994] 1 AC 324 Daly v Sydney Stock Exchange Limited (1986) 160 CLR 371 Demetriou v Gusdote Pty Limited [2010] FCA 581 Greater Pacific Investments Pty Limited v Australian National Industries Limited (1996) 39 NSWLR 143 Muschinski v Dodds (1985) 160 CLR 583
Date of hearing: 3 March 2011
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate