NSW Caselaw
New South Wales Supreme Court
CITATION : Anthony Magafas & Anor v Peter Carantinos & Ors [2007] NSWSC 416
HEARING DATE(S) : 2/04/07, 4/04/07, 5/04/07, 11/04/07, 16/04/07 - 20/04/07, 23/04/06, 26/04/06
JUDGMENT DATE : 15 May 2007
JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
DECISION : Plaintiffs' case made out. Parties to bring in short minutes reflecting reasons.
CATCHWORDS : Equity - Joint-venture/partnership - Trust and confidence - Fiduciary obligations - Unconscientious use by joint venture/partner of power arising from material circumstances - Practice and procedure - Finding that parties on each side of the Bar table acted with intent to defraud the Taxation Commissioner - Difficulties of assessing credit in that circumstance - Clean hands defence - Claims to account - Recipient liability - Constructive knowledge includes imputed knowledge - Distinction between 'mere notice' cases and circumstances where agent has active duties to perform and knowledge present to his mind is relevant to their performance - Where agent is authorised to commit principal to transaction, his state of mind being relevant to that transaction, for legal purposes acts of agent are acts of the principal and agent's state of mind constitutes state of mind of principal - Second defendant taken to have had knowledge of her husband where he was acting as her agent - Courts and Judges - Income tax fraud coming to attention of Court during hearing - Duty to bring facts to notice of executive branch of government
Corporations Act 2001 (Cth) LEGISLATION CITED : Evidence Act 1995 (NSW) Fair Trading Act 1987 (NSW)
Barnes v Addy (1874) LR 9 Ch App 244 Birtchnell v Equity Trustees Executors and Agencies Co Ltd (1929) 42 CLR 384 Black Uhlans Inc v New South Wales Crime Commission & Ors [2002] NSWSC 1060 Blythe v Northwood [2005] NSWCA 221 Boardman v Phipps [1967] 2 AC 46 Briginshaw v Briginshaw (1938) 60 CLR 336 Brooker v Friend & Brooker Pty Ltd & Anor [2006] NSWCA 385 Brunninghausen v Glavanics (1999) 46 NSWLR 538 Chan v Zacharia (1984) 154 CLR 178 Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 Georginis v Kastrati (1988) 49 SASR 371 Glazier Holdings Pty Ltd v Australian Men's Health Pty Ltd (No 2) [2001] NSWSC 6 CASES CITED : Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 In the Marriage of P & P (1985) 9 Fam LR 1100 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Noranda Australia Ltd v Lachlan Resources NL (1988) 14 NSWLR 1 Pacific Coal Pty Ltd v Indemitsu Queensland Pty Ltd (unreported, Supreme Court of Queensland, Ryan J, 21 February 1992) Pascoe v Federal Commissioner of Taxation (1956) 30 ALJR 402 Pedler v Richardson (unreported, Supreme Court of New South Wales, Young J, 16 October 1997) Petera v Pty Ltd V EAJ Pty Ltd (1985) 7 FCR 375 Permanent Trustee Australia Co Ltd v FAI General Insurance Co Ltd (2001) 50 NSWLR 679 Say-Dee Pty Ltd v Farah Constructions Pty Ltd [2005] NSWCA 309 Schipp v Cameron and others (unreported, Supreme Court of New South Wales, Einstein J, 9 July 1998] Watson v Foxman (2000) 49 NSWLR 315 Warman International Ltd v Dwyer (1995) 182 CLR 544
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