Kirralee Young

Ip v Chiang [2021] NSWSC 822

EQUITY — Unconscionable conduct — Special disability or disadvantage — Other party’s knowledge — Mental incapacity — First defendant entered into transactions and property dealings with deceased in circumstances where deceased lacked capacity — Estate entitled to recover property acquired by first defendant as a constructive trustee.

FAMILY LAW — Marriage — Void marriage — Consent — First defendant purportedly married deceased in circumstances where deceased was incapable of understanding the nature and effect of marriage ceremony.

Ms KJ Young represented the Plaintiff.

Reasons for the decision can be found here.

Moriah War Memorial College Association v Augustine Robert Nosti [2020] NSWSC 942 (23 July 2020)

EQUITY – Fiduciary duties – First defendant was the financial controller of the plaintiff school and dishonestly transferred money from the plaintiff’s bank account and diverted the plaintiff’s tax refunds into various bank accounts in his and the second defendant’s name – Barnes v Addy first limb claim against the second defendant for knowing receipt – Whether the second defendant was a recipient of trust property – Whether the second defendant had sufficient knowledge of the trust and its breach to render her personally liable – Alternative restitutionary claim against the second defendant for the benefit of the misappropriations received by her as a volunteer and retained after notice of the plaintiff’s claim – HELD – First defendant breached his fiduciary duties to the plaintiff and is liable to the plaintiff for damages in the amount he stole – HELD – Not established that the second defendant had sufficient knowledge for the purposes of the Barnes v Addy claim – Second defendant liable for restitutionary claim but not for knowing receipt.

Kirralee Young represented the second defendant.

Reasons for the decision can be found here.

MACURA V SARASEVIC (NO.2) [2019] NSWSC 1621

CIVIL PROCEDURE - Notice of Motion - Application by law firm seeking declaratory relief and claiming an equitable lien over a settlement sum that had been paid in court - where the applicant was the law firm acting for the plaintiff - where the applicant’s legal fees remain outstanding - where motion dealt with after determination of the substantive issue in the proceedings - whether the applicant had standing - whether an equitable lien had arisen in present case - whether the applicant was instrumental in obtaining the settlement result - held there was a sufficient causal link between the applicant’s efforts and the settlement result - equitable lien established.

Kirralee Young represented the Applicant on motion.

Reasons for the decision can be found here.

IP v CHIANG

PRACTICE AND PROCEDURE - Application to vary orders to permit sale of property to fund legal representation in proceedings - whether party may be heard on application where prima facie in contempt - whether “rule” discretionary - principles of Young V Jackman; Hadkinson v Hadkinson - Civil Procedure act 2005 (NSW), ss 55-64.

Kirralee Young represented the Plaintiff.

Reasons for the decision can be found here.

Nursing and Midwifery Board of Australia v Linquist [2019] NSWSC 978

ADMINISTRATIVE LAW – appeal from Civil and Administrative Tribunal – whether decision made by validly constituted tribunal – four-member tribunal was constituted for the purposes of the hearing – whether principal member could separately and simultaneously constitute herself as the tribunal to decide legal questions – single member of a multi-person tribunal which has already been constituted not authorised to constitute himself or herself as the tribunal on unstated informal basis or to make a decision unilaterally without recourse to the balance of the tribunal – decision void.

COSTS – whether successful plaintiff ought pay defendant’s costs of proceedings – defendant invited to file submitting appearance – defendant not neutral contradictor – costs follow the event.

COSTS – suitors’ fund – application for suitors’ fund certificate – appropriate to grant certificate where defendant did not contribute to error made by tribunal.

Kirralee Young represented the plaintiff.

The reasons for the decision can be found here.

In the matter of Garfox 86 Pty Limited [2019] NSWSC 442 (18 April 2019)

CORPORATIONS — Dissolution — Reinstatement — Where company twice deregistered administratively for non-payment of fees — Company holds real property — Company solvent — Corporations Act 2001 (Cth) s 601AH(3)(d) — Scope of Court’s power — Orders made for re-organisation of shareholding and officeholding to reflect parties’ dealings.

K J Young represented the Plaintiff.

Reasons for the decision can be found here.

Liability limited by a scheme approved under Professional Standards Legislation.