EQUITY — trusts — where payment to a unitholder a pre-condition to payment to other potential objects upon vesting — breach of trust — where payment made by trustees to a third party out of trust assets to settle separate proceedings against the trustees personally for misapplication of trust assets — whether the unitholder consented to the payment out of trust assets — whether consent fully informed- knowing receipt — first limb of Barnes v Addy — whether the defendant who received trust property had knowledge of the breach of trust — whether the first defendant's knowledge is to be treated as the knowledge of the corporate defendants which received trust property — whether rescission necessary in a claim in personam for knowing receipt of trust property- release — whether a trustee who has agreed to pay out trust money to a third party in breach of trust for its own benefit can give an effective release to the third party recipient — whether successor trustees bound by deed of release granted by original trustees to a third party — where releases contained in two separate deeds — whether rescission of both deeds a precondition to relief — whether defences of laches, acquiescence and delay can be established
Case Details
Citation[2015] NSWSC 871
CourtNSWSC
JurisdictionNew South Wales
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