EQUITY - general principles - innocent misrepresentation
› where defendant sought to set aside settlement agreement reached with the plaintiff on basis that the provisions of the settlement agreement misrepresented the amount of the plaintiff’s loss
› whether innocent misrepresentation claim is established.
Equity
› Second limb of Barnes v Addy
› where there was an initial public offering and the share subscription funds of investors were deposited to a bank account controlled by the defendant
› where payments were later made out of that bank account in breach of trust
› where plaintiff contended that the defendant was liable for knowing assistance in breach of trust
› whether the relevant breach of trust was dishonest and fraudulent in character
› whether knowing assistance claim is established.
Case Details
Citation[2016] NSWSC 856
CourtNSWSC
JurisdictionNew South Wales
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