Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PermissionCorp Pty Ltd v Pegasus International Marketing Pty Ltd [2012] FCA 295 Citation: PermissionCorp Pty Ltd v Pegasus International Marketing Pty Ltd [2012] FCA 295
Parties: PERMISSIONCORP PTY LTD (ACN 119 988 519) v PEGASUS INTERNATIONAL MARKETING PTY LTD (ACN 116 550 353), NICHOLAS DECHNICZ and JOSHUA MCKENZIE
File number(s): NSD 2218 of 2011
Judge: YATES J
Date of judgment: 27 March 2012
Catchwords: EQUITY – breach of fiduciary duty owed by employee to employer – constructive trust imposed over proceeds from breach knowingly received by third party facilitating the breach
Legislation: Bankruptcy Act 1966 (Cth) s 58 Corporations Act 2001 (Cth) s 206B
Cases cited: Barnes v Addy (1874) LR 9 Ch App 244 Concut Pty Ltd v Worrell (2000) 176 ALR 693 Farah Constructions v Say-Dee Pty Ltd (2007) 230 CLR 89 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Timber Engineering Co Pty Ltd v Anderson [1980] 2 NSWLR 488 JD Heydon and MJ Leeming, Jacobs' Law of Trusts in Australia (7th ed, LexisNexis Butterworths, 2006)
Date of hearing: 23 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr D Mackay
Solicitor for the Applicant: Unsworth Legal Pty Ltd
Counsel for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2218 of 2011
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