Riva NSW Pty Limited v Official Trustee in Bankruptcy

• 1. Practice and Procedure
  2. › Leave to appeal
  3. › Whether refusal of leave would cause substantial injustice
  4. › Whether claims bound to fail on independent analysis
  5. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28
  6. › Civil Procedure Act 2005 (NSW), s 67
• 1. Equity
  2. › Constructive trusts
  3. › Whether Official Trustee in Bankruptcy was constructive trustee for trust beneficiaries
  4. › Whether property could be identified as subject of constructive trust
  5. › Where legal title never vested in alleged constructive trustee
  6. › Bankruptcy Act 1966 (Cth), ss 5, 58, 116
• 1. Practice and Procedure
  2. › Abuse of process
  3. › Re-litigation of issues dealt with in earlier proceedings
  4. › Whether proceedings raising similar factual allegations but different legal characterisation constitute abuse of process
• 1. Bankruptcy
  2. › Property of bankrupt
  3. › Property held on trust
  4. › Trustee's right of indemnification and exoneration
  5. › Whether right of indemnification could be subject of constructive trust
  6. › Bankruptcy Act 1966 (Cth), ss 58, 116(1), 116(2)(a)

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