Jiang v Chen [2020] NSWSC 768

Jiang v Chen [2020] NSWSC 768

The funds of $60,000 and HKD11,100 were given to the defendant to be held on trust for the plaintiffs for a specific purpose, as evidenced by the circumstances and statements. The defendant’s refusal to return the funds on request constituted a breach of trust.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Equity Proceedings / Principal Judgment
Outcome
Plaintiffs successful; trust declared and breach found; inquiry into damages and costs to follow.
Legal Topics
['breaches of Trust' 'misappropriation of Trust Property']
['equity' 'trusts'] ['breaches of Trust' 'misappropriation of Trust Property']

Case Brief

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Procedural Posture

Equity Proceedings / Principal Judgment

Legal Issues

  1. 1 ['Whether a trust was created by the transfer of funds to the defendant' 'Whether the defendant received and failed to return $60,000 and HKD11,100' 'Whether refusal to return the funds when requested was a breach of trust']

Ratio Decidendi

The funds of $60,000 and HKD11,100 were given to the defendant to be held on trust for the plaintiffs for a specific purpose, as evidenced by the circumstances and statements. The defendant’s refusal to return the funds on request constituted a breach of trust.

Court Disposition

Plaintiffs successful; trust declared and breach found; inquiry into damages and costs to follow.

Orders

  • ['Declare that the defendant holds on trust for the plaintiffs, since 8 November 2017, the sum of AU$60,000 and HKD$11,100.' "Declare that the defendant's failure to return to the plaintiffs the trust monies when requested on or before 15 December 2017 is a breach of the trust declared." "Direct an enquiry as to...