← All Authorities
Hong Kong Leading Case tracing in equity

Solloway v McLaughlin

[1938] AC 247
JurisdictionHong Kong
CourtPrivy Council
Year1938
StatusBinding authority

Summary

A claimant tracing in equity into a mixed fund is entitled to a first charge over that fund to the extent of the misappropriated monies.

Key Principle

Tracing in equity: mixed funds — claimant entitled to first charge over mixed fund. Applied extensively in HK fraud/misappropriation cases.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

Ask CommonBench about this case

Get a detailed analysis of Solloway v McLaughlin and how it applies to your situation.

Explain Solloway v McLaughlin