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In Naaman v Jaken Properties Australia Pty Limited, the High Court of Australia considers “whether a successor trustee owes a fiduciary obligation to a former trustee in respect of the former trustee’s entitlement to indemnification out of trust assets or the commensurate beneficial interest in the trust assets that the former trustee retains following replacement … Continue reading
This appeal to the Supreme Court addresses what rights or powers s in a family trust can properly be treated as “property” rights or interests falling within the ambit of the Property (Relationships) Act 1976 (the PRA). For the background see Weakly Fiduciary. The appeal was denied, the reasons for which are summarised at [125] … Continue reading
The Supreme Court has held that notwithstanding the fact that “The appellants were abused in a most shocking way by their father when they were children…” that “The imposition of fiduciary obligations based on peculiar vulnerability alone, untied from the analysis of, or even need for, a subsisting relationship, is inconsistent with the relationship-based analysis … Continue reading
In New Zealand Beddoe applications are governed in the first instance by the High Court Rules, which do not extend to prospective costs orders by beneficiaries. Representation of VG Trustee Limited re the B Trust (Re the B Trust) considers whether beneficiaries should have their costs met on account of a successful Beddoe application brought … Continue reading
The introduction to the interim judgment in Jin v Luo at [3] sets the scene for the 489 paragraph judgment as follows: By way of background Jin v Luo relates to a break down in a business relationship that was complicated by the lack of documentation regarding the purchase of a number of properties. The … Continue reading
The Supreme Court has granted leave to appeal the Court of Appeal decision in Pinney v Cooper. The approved question is “… whether the Court of Appeal was correct to dismiss the applicant’s appeal to [the Court of Appeal].” For background see Weakly fiduciary. References:
The decision in Brkic v White considers whether Ms White has an interest in land that is “tantamount to ownership of the land”, such that the appellants can obtain a charging order that will enable the land to be sold to meet a debt owed by Ms White and her co-trustee of a separate trust. … Continue reading
Legler v Formannoij relates to a spirited challenge to the appointment of a corporate trustee to act as the sole trustee of a trust. The arguments put to the court included the contention that this was a fraud on a power as the director and one of the two shareholders was formerly a trustee and … Continue reading
On first glance Almond v Read, appears to have it all. Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions. However, over time, different parties adopted different views of the basis upon which a … Continue reading
Matters of Trust 