Limitation Act

This category contains 4 posts

But wait, there’s more

The Supreme Court decision in Erceg v Erceg is the seminal case regarding disclosure of trust information to beneficiaries. Against the backdrop of that case, wider matters involving the Erceg family provide further jurisprudential consideration. Sain v Erceg relates to an Epsom property registered formerly in the name of the late Millie Erceg and latterly … Continue reading

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