Fortex Group Ltd (In Receivership and Liquidation) v MacIntosh - [1998] 3 NZLR 171

Equity — Unjust enrichment — Restitutionary remedial trust — Staff contributions deducted by employer for employee superannuation fund paid into employer's overdrawn general account — Employer went into receivership — Whether unconscionable for debenture holders to rely on rights at law — Whether debenture holders unjustly enriched.

Trusts and trustees — Constructive trust — Staff contributions deducted by employer for employee superannuation fund paid into employer's overdrawn general account — Employer went into receivership — Whether contributions held on trust in priority to claims of secured debenture holders — Whether identifiable subject-matter for trust.