NSW Caselaw
New South Wales Supreme Court
CITATION : Frontier Touring Co Pty Ltd v Peter Rodgers & Anor [2005] NSWSC 668
HEARING DATE(S) : 29/04/05
JUDGMENT DATE : 8 July 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Decision of liquidator varied
CATCHWORDS : CORPORATIONS - winding up - appeal against rejection of proof of debt - TRADE AND COMMERCE - misleading or deceptive conduct - pre-contract representations by one party as to that party's future conduct - contract as made contains promises based on the representations - whether representations actionable under Trade Practices Act ss.51A and 52 - TRUSTS AND TRUSTEES - money paid under commercial contract not to be applied by recipient except in particular ways - part applied in unauthorised way - whether breach of resulting trust in favour of payer - equitable compensation for breach of trust
Corporations Act 2001 (Cth), s.1321 LEGISLATION CITED : Trade Practices Act 1974 (Cth), ss.51A, 52
Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Edmonds v Donovan [2005] VSCA 27 Futronics International Pty Ltd v Gadzhis [1992] 2 VR 217 Gould v Vaggelas (1985) 157 CLR 215 Hill v Rose [1990] VR 129 CASES CITED : HTW Valuers (Central Qld) Pty Ltd v Astonland Pty Ltd (2004) 79 ALJR 190 Holt v Biroka Pty Ltd (1988) 13 NSWLR 629 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2005] NSWCA 68 Twinsectra Ltd v Yardley [2002] 2 AC 164
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