Yeung v Zank Capital Ltd

[2026] VSC 75

Supreme Court of Victoria

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Allegations raised for first time in closing submissions — self-represented defendant — procedural fairness — insufficient notice
1. Equity
2. › Trusts
3. › Constructive trusts — common intention constructive trust — joint endeavour constructive trust — elements not proved — institutional constructive trust not pleaded
1. Equity
2. › Trusts
3. › Barnes v Addy liability — knowing receipt — knowing assistance — no underlying breach of trust established — discontinuance against primary trustee defendants
1. Equity
2. › Fiduciary Duties
3. › Whether migration agent owed fiduciary duties — agency relationship — no capacity to affect principal's legal relations — subjective trust and vulnerability insufficient

Quick Take

The Court held that institutional constructive trust claims (common intention, joint endeavour, trustee de son tort) must be specifically pleaded with their constituent elements identified — raising them for the first time in closing submissions will be refused, especially against self-represented litigants. The case also confirms that Barnes v Addy accessory liability requires proof of an underlying breach of trust or fiduciary duty by the primary obligor, which cannot be established where claims against the primary trustee/fiduciary have been discontinued by settlement.