Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd

• 1. Equity
  2. › Equitable charges and liens
  3. › Creation of equitable charge
  4. › Whether unilateral offer to pledge assets as security creates equitable charge
  5. › Whether intention to grant charge immediately discernible from email offering pledge
  6. › Whether acceptance required in context of commercial lender-borrower relationship
• 1. Equity
  2. › Trusts and trustees
  3. › Unit trusts
  4. › Redemption of units
  5. › Obligation of trustee to process redemption request
  6. › Withdrawal Date and Withdrawal Price
  7. › Whether trustee bound by its own calculation where not contested at first instance
• 1. Practice and Procedure
  2. › Pleadings
  3. › Cross-claim
  4. › Whether relief granted was within scope of pleaded case
  5. › Whether declaration as to equitable charge by beneficial owner was encompassed by cross-claim alleging charge by registered holder
• 1. Appeal
  2. › Findings of fact
  3. › Whether finding made at first instance
  4. › Whether appellant entitled to challenge finding not expressly identified in statement of challenged findings
  5. › Whether respondent precluded from raising new contention on appeal not advanced at first instance

Quick Take