The Cleaning Doctor NSW Pty Ltd v Fonseca

• 1. Equity
  2. › Trusts and trustees
  3. › Express trusts
  4. › Resulting trusts
  5. › Constructive trusts
  6. › Whether property transferred pursuant to agreement held on trust
  7. › Whether transfer for false consideration giving rise to resulting trust
  8. › Whether subsequent transfer to third party impressed other properties with constructive trusts
  9. › Burden of proof
• 1. Banking and Finance
  2. › Bank accounts
  3. › Authority to operate account
  4. › Where sole signatory provided signed blank cheques and debit card to third party
  5. › Whether withdrawals made without authority
  6. › Burden of proof as to scope of authority
• 1. Restitution
  2. › Money had and received
  3. › Qualifying or vitiating factor
  4. › Whether plaintiff must prove lack of authority as vitiating factor
  5. › Whether burden shifts to defendant upon proof of payment alone
• 1. Torts
  2. › Interference with goods
  3. › Conversion
  4. › Conversion of cheques
  5. › Whether plaintiff retained immediate right to possession of cheques delivered to defendant
  6. › Scope of authority to complete and present cheques

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