Grimaldi v Chameleon Mining NL (No 2)
| Jurisdiction | Australia Federal only |
| Judgment Date | 2012 |
| Neutral Citation | [2012] FCAFC 6,2012-0221 FCA B |
| Date | 2012 |
| Court | Full Federal Court (Australia) |
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195 cases
- V-Flow Pty Ltd (ACN 135 579 323) and Others v Holyoake Industries (VIC) Pty Ltd (ACN 082 572 174)
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Ahmad Hamad Algosaibi and Brothers Company (“AHAB”) v Saad Investments Company Ltd (in Official Liquidation) (“SICL”) and Others
...“a thoughtful and thorough review of the authorities and academic writings”: [2016] AC 297, 306A {R1/51/10}. 2166 Grimaldi v Chamelon [2012] FCAFC 6 2167 [2015] AC 250, 273F-G {R1/47/24}. 2168 [2016] AC 176 {R1/52/1}. 2169 {E1/30/56–59}. 2170 As considered above under “AHAB Partners' knowle......
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Novoship (UK) Ltd v Nikitin
...even in Australian law a knowing participant is not generally required to account for profits that he did not make: Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 at para 78 So far as authority is concerned, in Grimaldi at para 520 Finn J referred to the decision of Lord Brougham LC ......
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Twentieth Century Fox Film Corporation and Others v David Harris and Others
...no means the same as that in this jurisdiction. In particular, as the Full Court of the Federal Court of Australia noted in Grimaldi v Chameleon Mining NL (No. 2) [2012] FCAFC 6 (in paragraph 574): "unlike Australian law, [English law] does not recognise that the constructive trust can be ......
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4 firm's commentaries
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Jumping at shadows - shadow and de facto directors
...creditors or other third parties. Footnotes 1Grimaldi v Chameleon Mining NL (No 2); Chameleon Mining NL v Murchison Metals Ltd (2012) 200 FCR 296; 287 ALR 22; [2012] FCAFC 6; BC201200621. 2Above, n 1, at [61]-[62]. 3Above, n 1, at [45]. 4Above, n 1, at [47]. 5Above, n 1, at [62]. 6Shafron v......
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Who is a Director? Federal Court Clarifies Position
...9 of that Act. Further guidance on when such persons may be directors has now been provided in Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6, with the Full Federal Court finding an external company consultant to be a director and liable for Corporations Act 2001(Cth) Chameleon was a ......
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Insolvency - Legal Update
...the key strategic planning and management of a mining company was in fact a section 9 director in Grimaldi v. Chameleon Mining NL (No 2) [2012] FCAFC 6. Litigation Funding and Liquidator Proceedings Litigation funding continues to rise as do the size and complexity of funded actions, includ......
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Construction & Infrastructure - What's News? - 28 February 2012
...of primary judge open on the evidence and not shown to be wrong – appeal dismissed. More... Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 CORPORATIONS – Corporations Act 2001 (Cth), s 9 – "director" – "officer" – de facto director – no single test for determining whether a person is ......
12 books & journal articles
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...Products Ltd v United States Surgical Corp(1984) 156 CLR 41 at 107–108, per Mason J. 25 See, eg, Grimaldi v Chameleon Mining NL (No 2)(2012) 200 FCR 296, noted in Lusina Ho, “Bribes and the Constructive Trust as a Chameleon”(2012) 128 LQR 486. 26[1992] 3 SLR(R) 638, noted in Hans Tjio, “Ret......
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Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations
...Consumer Credit Protection Act 2009 (Cth) s 47(1)(b) (‘Credit Regime’).6. Ibid s 47(1)(a).7. Grimaldi v Chameleon Mining NL [No 2] (2012) 200 FCR 296, 345 [178] (Finn, Stone and Perram JJ).8. Ibid.9. See Simone Degeling and Jessica Hudson, ‘On Bein g Fiduciary Focused: Statutory and Equitab......
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UNJUST ENRICHMENT, PROPRIETARY SUBROGATION AND UNSATISFACTORY EXPLANATIONS
...El Ajou v Dollar Land Holdings plc[1993] 3 All ER 717. 77Muschinski v Dodds(1985) 160 CLR 583; Grimaldi v Chameleon Mining NL (No 2)[2012] FCAFC 6; [2012] FCR 296. There are signs of its acceptance in New Zealand: Commonwealth Reserves I, LC v Chodar[2001] 2 NZLR 374; Regal Castings Ltd v L......
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CONSTRUCTIVE TRUSTS AND DISCRETION IN AUSTRALIA: TAKING STOCK.
...Virgo, 'The Genetically Modified Constructive Trust' (2016) 2(2) Canadian Journal of Comparative and Contemporary Law 579, 583-4. (44) (2012) 200 FCR 296, 405 [511] (Finn, Stone and Perram JJ) ('Grimaldi'), quoting RP Austin, 'Constructive Trusts' in PD Finn (ed), Essays in Equity (Law Book......
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