Facts The Defendants, The Bloody Mary Group Pty Ltd, Brett Viney and Matthew Mitchell and their respective trustee companies were hoteliers and publicans in South Australia. In 2016, the Plaintiffs, Michael Crouch, Nicholas Crouch and Alini Pty Ltd, entered into an […]
Category: Equity & Trusts
Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Community Church of Australia and New Zealand & Anor (2008) 237 CLR 66
Relevant Legislation Trustee Act 1925 (NSW) (1) A trustee may apply to the Court for an opinion advice or direction on any question respecting the management or administration of the trust property, or respecting the interpretation of the trust instrument. […]
Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12
Facts Clone Pty Ltd (lessor) entered into a lease agreement with Players Pty Ltd (lessee) for a premises on Pirie Street in Adelaide. The proposal was that this premises would become the “Planet Hotel” – a licensed hotel with gaming […]
Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
Facts Harry Kakavas was a problem gambler who, in period between 2005 and 2006, lost $20 million dollars at the Crown Casino in Melbourne. His game of choice was baccarat. Kakavas had been previously excluded from the Crown in the […]
Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43
Facts Through its subsidiary Funeral Plan Management Pty Ltd (“FPM”), Lifeplan provided products to meet the cost of pre-arranged funerals. Ancient Order of Foresters in Victoria Friendly Society Limited (“Foresters”) was also involved in the funeral products business although it […]
Breen v Williams (1996) 186 CLR 71
Facts In 1977, Ms Breen underwent breast enhancement surgery. She subsequently endured severe pain. Dr Williams performed a corrective procedure on Ms Breen, but did not remove the existing implants or insert new ones. Ms Breen asked Dr Williams about […]
Re Baden’s Deed Trusts (No 2) [1972] EWCA Civ 10
Facts The facts to this case are the same as found in McPhail v Doulton (otherwise known as Re Baden’s Deed Trusts (No 1)). In McPhail v Doulton, the House of Lords affirmed that upholding the settlor’s intentions was of paramount importance in determining […]
McPhail v Doulton [1971] AC 424
Facts In 1941, Bertram Baden executed a deed settling a non-charitable trust for the benefit of the staff of Matthew Hall & Co Ltd and their relatives and dependents. The objects clause of the deed provided that: “The trustees shall […]
Re Gulbenkian’s Settlements Trusts [1970] AC 508
Facts Calouste Gulbenkian, a wealthy Armenian oil businessman, made a settlement in 1929 that said the trustees should “in their absolute discretion” while his son Nubar Gulbenkian was still alive, give trust property to: “Nubar Sarkis Gulbenkian and any wife […]
Federal Commissioner of Taxation v Clarke (1927) 40 CLR 227
Facts The taxpayer, Clarke, was assessed for federal income tax in respect of profits arising from dealings in shares in companies. Profits were received by or on behalf of various members of Clarke’s family. The Commissioner of Taxation disallowed the […]
