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. […]
Tag: trusts
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 […]
Jones v Lock (1865) 1 Ch App 25
Facts Jones had a son with first wife and infant son with second wife. Jones gave his infant son a cheque for £900. Cheque was payment for discharge of mortgage. Jones died before formally amending the will; the rest of […]
Milroy v Lord 4 De GF & J 264
Facts Thomas Medley held shares in the Bank of Louisiana (Bank). The Bank required that the shares be transferred according to regulations in the company constitution. Thomas wanted to give the shares to his niece, Eleanor Milroy. He signed a […]
Keech v Sandford (1726) Sel Cas T King 61
Facts A child (the future Mr Keech) inherited a property. Mr Sandford was entrusted to look after this property until the child was of age. However, the lease expired before Mr Keech had grown up. The landlord had told Mr […]
Fortex Group Ltd (In Receivership and Liquidation) v MacIntosh [1998] 3 NZLR 171
Facts The plaintiffs were members of a staff superannuation scheme of the defendant employer and trustee (Fortex). The scheme was managed by a trust company under a trust deed. Fortex banked certain of the plaintiffs’ contributions into its general account […]
