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Australia subrogationinstitutional vs remedialno profit rule

Bofinger v Kingsway Group Ltd

(2009) 239 CLR 269
JurisdictionAustralia
CourtHigh Court of Australia
Year2009
StatusBinding authority

Summary

A constructive trust may arise over insurance proceeds where a fiduciary duty has been breached, supporting equitable subrogation rights in Australian law.

Key Principle

constructive trust over insurance proceeds; trust arising from breach of fiduciary duty

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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