NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Australian Tailings Group Pty Limited v Hillam [2023] NSWDC 346 Hearing dates: 19 July 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and verdict for the defendant against the plaintiff (2) The plaintiff pay the defendant's costs. Catchwords: RESTITUTION – Moneys had and received – Director's Authority to transfer funds – Change of Position Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Corporate Management Services v Abi-Arraj [2000] NSWSC 361 Coshott Family Pty Ltd v Lyons [2022] NSWCA 216T David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 Fisher v Divine Homes Pty Ltd [2011] NSWSC 8 Goldus v Cummins (No.4) (2021) 157 ASCR 118 RnD Funding v Roncane [2023] FCAFC 28 Twigg v Twigg (2011) 85 ACSR 512; [2022] NSWCA 68 Texts Cited: Nil Category: Principal judgment Parties: Plaintiff: Australian Tailings Group Pty Limited (In Liquidation) (Receiver and Manager Appointed) Defendant: John Hillam Representation: Counsel: Plaintiff: Mr A Mathas (Solicitor) Defendant: Mr A Oakes
Solicitors: Plaintiff: Mathas Law Defendant: Mars Legal File Number(s): 2020/00270861 Publication restriction: None
JUDGMENT
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