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Limitation Act

This category contains 3 posts

What’s in a name?

The Court of Appeal decision in Cowan v Martin highlights the need to clearly identify when parties are acting as trustees or the trustees’ agents.  While in this case the agency argument may seem a little contrived, and is available only because of the commonality of capacity and parties, the case remains instructive. The lessons … Continue reading

Identifying a trust relationship can provide an out of time remedy

The dispute over Huka Lodge (see the Fight Over Huka Lodge) highlights an element of certain trust-based relationships  that can be overlooked.  This is the ability for subsequent trust-related disputes to survive time-barring due to the passage of time. Michael Kidd and Alexander van Heeren were former partners in a successful partnership that amassed significant wealth … Continue reading

Trustees sent to the naughty corner

Much is written about breach of trust, and the liability that can flow.  However, a sensible question, might be, is a breach of trust always fatal?  Can trustees have a go at getting it right? As it happens, yes, in some circumstances. as is demonstrated in Masters v Stewart  they can.  In that case, a capital distribution … Continue reading