Bailey & Anor (The Joint Liquidators of D & D Wines International Ltd) v Angove's Pty Ltd
D&D retained the right under the ADA to collect payments from customers for wine delivered prior to termination, and such monies, including commission, formed part of the insolvent estate; no trust or constructive trust arose in favour of Angove.
- Parties
- Appellant: Kerry Bailey; Appellant: Trevor Birch; Respondent: Angove’s Pty Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 07 March 2014
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; order of the judge set aside.
- Legal Topics
- Termination of Agency, Constructive Trust, Commission Entitlement, Distribution of Insolvent Estate
Case Brief
Summary, issues, holding and outcome
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Parties
Kerry Bailey
Appellant
Trevor Birch
Appellant
Angove’s Pty Limited
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether payments received after termination of agency are held on trust for principal or form part of insolvent estate
- 2 Whether agent retains right to collect payments post-termination under contract
- 3 Whether constructive trust arises in favour of principal due to agent's insolvency
Ratio Decidendi
D&D retained the right under the ADA to collect payments from customers for wine delivered prior to termination, and such monies, including commission, formed part of the insolvent estate; no trust or constructive trust arose in favour of Angove.
Court Disposition
Appeal allowed; order of the judge set aside.
Orders
- The Fund (A$570,843.22 and A$302,773.86 plus accrued interest) to be paid to the liquidators.
Full Case Text
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