QLDQCA
Isakka v South Australian Asset Management Corporation [2002] QCA 549
[2002] QCA 549
Court of Appeal (Qld)|2002-12-23|Before: McPherson and Jerrard JJA and Dutney JSeparate, reasons or judgment of each member of the Court, each concurring as to the order, made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-12-23
Before
McPherson and Jerrard JJA and Dutney JSeparate, reasons or judgment of each member of the Court, each concurring as to the order, made
Catchwords
- CONTRACTS - BUILDING - REMUNERATION - SUBCONTRACTORS’ CHARGES ACT
- (QLD) - financier of developer made loan payments to developer
- after notice of
- claim of charge served by subcontractor - financier was unaware of claim -
Source
Original judgment source is linked above.
Catchwords
CONTRACTS - BUILDING - REMUNERATION - SUBCONTRACTORS’ CHARGES ACT(QLD) - financier of developer made loan payments to developerafter notice ofclaim of charge served by subcontractor - financier was unaware of claim -whether financier induced breach of contractbetween developer and subcontractor- whether financier became an “employer” under the Act - whetherfinancier liablefor damages for conversion of subcontractor’s“proprietary interest” in payments to developerEQUITY -TRUSTS - CLASSIFICATION - IMPLIED - CONSTRUCTIVE - whether some part of thecredit in bank account of financier can be heldin trust - whether breach offiduciary dutyEQUITY - PRINCIPLES - UNJUST ENRICHMENT - whether doctrinerequires that same work be paid for more than onceSubcontractorCharges Act 1974 (Qld), s 3, s 5, s 10, s 11, s 15Christiani& Nielsen Pty Ltd v Goliath Portland Cement Co Ltd (1993) 2 Tas R 122,followedLake Eerie Pty Ltd v Knight & Flair Reality Pty Ltd[1992] FC 001