Turner v O'Bryan-Turner

• 1. Equity
  2. › Trusts and trustees
  3. › Constructive trusts
  4. › Breach of fiduciary duty by attorney under power of attorney
  5. › Transfer of principal's property for no consideration
  6. › Whether defaulting fiduciary held interest on constructive trust from time of receipt
  7. › Assessment of equitable compensation
• 1. Equity
  2. › Trusts and trustees
  3. › Constructive trusts
  4. › Rule in Barnes v Addy
  5. › First limb — knowing receipt
  6. › Whether recipients had requisite knowledge of breach of fiduciary duty
  7. › Category (4) Baden knowledge — knowledge of circumstances which would indicate the facts to an honest and reasonable person
• 1. Equity
  2. › Trusts and trustees
  3. › Constructive trusts
  4. › Rule in Barnes v Addy
  5. › Second limb — knowing assistance
  6. › Whether fiduciary had 'dishonest and fraudulent design'
  7. › Standard of dishonesty — transgression of ordinary standards of honest behaviour
• 1. Land Law
  2. › Torrens title
  3. › Exceptions to indefeasibility
  4. › Rights in personam
  5. › Whether in personam exception extends to proprietary claims under first limb of Barnes v Addy (knowing receipt)
  6. › Whether in personam exception extends to proprietary claims under second limb of Barnes v Addy (knowing assistance)
  7. › Real Property Act 1900 (NSW), s 42

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