In the matter of Courtenay House Capital Trading Group Pty Limited (in liquidation) and Courtenay House Pty Limited (in liquidation)

[2019] NSWSC 1113

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › unregistered managed investment scheme
3. › winding up
4. › application for directions justifying distribution of funds deposited by particular category of investors
5. › whether funds deposited by investors in the category held on trust for them.
1. Equity
2. › trusts
3. › express trust
4. › intention
5. › where funds variously expressed to be “managed on behalf of investors” or “held on trust”
6. › where inconsistent usage of such expressions.
1. Equity
2. › trusts
3. › Quistclose trust
4. › where funds expressed to be used to make trades “on behalf of” investors
5. › where funds not applied for that purpose
6. › whether funds held on Quistclose trust.
1. Equity
2. › trusts
3. › Black v S Freedman & Co trust
4. › where companies were operating a Ponzi scheme
5. › where scheme fraudulent in character
6. › whether funds held on Black v S Freedman & Co trust.