summary judgment

This tag is associated with 4 posts

Love lost

When who stopped loving who first is lost to the antiquities of time, for modern lovers there is still the trust to keep them shackled together. And what a shackle, and what expense… Whittle v Whittle is another tale of love lost but the Trust, if not the trust, remaining.  In this case the pesky … 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

Result of resulting trust argument unjust but correct

Caveats can be useful for preventing property being transferred when it might defeat the caveators real ability to recover a debt owing or the due return on an unregistered property interest. However, to maintain a caveat it is necessary to show not only a debt or interest, but also how this debt or interest is connected to … Continue reading

Loan or investment?

The thorny subject of the informality that can occur with family arrangements involving loans and trusts and the resultant lack of accord when relationships sour is not new.  See Is it a bird, is it a plane, is it a loan? The issue has arrisen again in the context of a statutory demand issued by the purported … Continue reading