Recipient liability in the NSW CA (Jonathon Moore, 24 Apr 2003)

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Sender:	Jonathon Moore
Date:	Thu, 24 Apr 2003 13:13:33 +1000
Re:	Recipient liability in the NSW CA

A recent case bristling with unjust enrichment issues that will be of interest to many members of the list:

ROBINS & ORS v INCENTIVE DYNAMICS PTY LTD (in liq) & ANOR [2003] NSWCA 71

CATCHWORDS:
Corporations - directors - breach of fiduciary duties - Corporations Law, s232(6)-Corporations Act 2001, s182 - money transferred to company in which directors had an interest - knowing receipt within Barnes v Addy (1864) LR 9 Ch App 244 - personal and proprietary remedies - remedial constructive trust - whether rescission necessary

Jonathon Moore
Barrister
Melbourne, Australia

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