Practice and Procedure

SINCLAIR INVESTMENT HOLDINGS S.A. v VERSAILLES TRADE FINANCE LIMITED (IN ADMINISTRATIVE RECEIVERSHIP) & ORS (2005)

PUBLISHED May 12, 2005
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Where a person who would not normally be considered to be in a fiduciary relationship had given an undertaking of loyalty with regard to property a fiduciary relationship could exist. There were powerful dicta that there was no general principle that a constructive trust should be imposed on a fraudster but that dicta was obiter and the issue was arguable at trial.

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