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Home > Qld Judgments > Supreme Court: Court of Appeal 2002 > Isakka v South Australian Asset Management Corporation [2002] QCA 549

Queensland Judgments

[Full-text PDF] Isakka v South Australian Asset Management Corporation [2002] QCA 549 (02/2759) Brisb McPherson JA Jerrard JA Dutney J 23/12/2002

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 - whether financier induced breach of contract between developer and subcontractor - whether financier became an “employer” under the Act - whether financier liable for damages for conversion of subcontractor’s “proprietary interest” in payments to developer

EQUITY - TRUSTS - CLASSIFICATION - IMPLIED - CONSTRUCTIVE - whether some part of the credit in bank account of financier can be held in trust - whether breach of fiduciary duty

EQUITY - PRINCIPLES - UNJUST ENRICHMENT - whether doctrine requires that same work be paid for more than once