Mirembe Pty Ltd v Craig Dangar [2009] NSWSC 1268

New South Wales Supreme Court

CITATION : Mirembe Pty Ltd v Craig Dangar [2009] NSWSC 1268

HEARING DATE(S) : 15 October 2009 JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 15 October 2009

DECISION : Judgment for restitution of amount received and not repaid – declare equitable charge over assets and undertaking of defendant securing same.

CATCHWORDS : EQUITY – trusts and trustees – breach of trust – where defendant knowingly received monies in breach of trust – where moneys repaid in part only –equitable charge imposed over assets and undertaking of defendant

LEGISLATION CITED : (CTH) Corporations Act 2001, s 44D, s 447A

CATEGORY : Principal judgment

Australian Competition and Consumer Commission v Dataline.Net.Au Pty Limited [2007] 161 FCR 513 Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89 CASES CITED : MY Distributors Pty Limited v Omac Pty Limited (1992) 36 FCR 578 Re Oatway [1903] 2 Ch 356 Sergi v Jurcevic (1999) 46 NSWLR 672

Mirembe Pty Ltd as Trustee of Verna Stewart Superannuation Fund (plaintiff) Craig Gerard Dangar (first defendant) PARTIES : Deputy Dog Pty Ltd (second defendant) Meakin Pty Ltd (third defendant) NSW Finance & Leasing Pty Ltd (fourth defendant) Nicholas Crouch (fifth defendant)

FILE NUMBER(S) : SC 4543/08

COUNSEL : Mr J J Hyde (plaintiff)

SOLICITORS : Certus Law (plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION