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Booth and Magniness v Rahal relates to a successful application for the appointment of a receiver to the First Trust (the Trust). The Trust’s original trustee was First Trust Limited (the Company). The background is set out by Gault J at [3] to [9] as follows: [3] On 28 April 2017, the Company was incorporated. … Continue reading
The decision in Toailoa v Eliu, for which leave to appeal has been granted, relates to an initially successful application to appoint a manager or receiver to a charitable trust pursuant to section 60 of the Charitable Trusts Act 1957. Section 60 of the Charitable Trusts Act provides that: The decision in Toailoa v Eliu … Continue reading
Ryan v Lobb relates to the interpretation of a resettlement clause contained in the deed of trust for the Lothbury Trust (the Trust) that expressly provided for a resettlement on written notice in the event that the Settlors separated, or their marriage was legally dissolved. Such notice was given by Ms Ryan in 2017 following … Continue reading
The background of this matter is set out as follows in Cooke J’s judgment: In Armani v Armani Walker J considered the threshold for the appointment of a receiver in the following terms at [86]: My view is that the ordinary meaning of “reasonable necessity” does not precisely equate with a measure of “last resort” … Continue reading
Matters of Trust 