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Singapore Leading Case knowing receipt

George Raymond Zage III v Ho Chi Kwong

[2010] 2 SLR 589
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2010
StatusBinding authority

Summary

Knowing receipt liability requires disposal of trust assets in breach of trust, beneficial receipt, and knowledge traceable to breach assessed by unconscionability standard.

Key Principle

The SGCA held that liability for knowing receipt requires: (1) disposal of trust assets in breach of trust, (2) beneficial receipt by the defendant, and (3) knowledge that the assets are traceable to a breach of trust, applying a standard of unconscionability.

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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