swarb.co.uk - law index
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Trusts - From: 1992 To: 1992
This page lists 12 cases, and was prepared on 02 April 2018.
Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405
1992
Mahoney JA, Kirby P, Sheller JA
Trusts
New South Wales - Australia - The Court considered the "right" of the "beneficiary" of a discretionary trust to inspect a memorandum of wishes provided by the instigator of the trust. Held: Mahoney JA expressed some doubt as to the existence of a duty on a discretionary trustee to provide information on the trust to potential beneficiaries.
Mahoney JA said: "[I]f a beneficiary requests it, a trustee is in general obliged to provide documents and information to the beneficiary, at his cost, in relation to the trust property and to provide an accounting in respect of the administration of it."
Kirby P, dissenting said as to the interpretation of trust documents: "These were defined, with an unmistakable element of circulatory, as being the documents in the possession of the trustees, as trustees, containing information about the trust "which the beneficiaries are entitled to know" and in which they thus have a proprietary interest: see Ibid (at 938). This rather unilluminating circularity has been quoted and requoted in many cases since as if it provided a solution to the definition of the documents to which beneficiaries are entitled, and not entitled, to have access. Of course, it does not. It states, rather than solves, the problem of the documents to which access might be had by beneficiaries, as of right, against reluctant trustees."
Sheller JA said: "With respect to the conclusion in Re Londonderry's Settlement I think material upon which reasons were or might have been based cannot generally be withheld, unless it reveals the reasons themselves or the reasoning process. In Jacobs' Law of Trusts in Australia, . . referring to the Londonderry's Settlement case the learned authors say: 'Nevertheless, this case is clear authority that beneficiaries have no right to see documents private to the trustees which may evidence the reasons why the trustees have made their decisions.'
This statement, in my opinion, accurately describes the nature of documents access to which by beneficiaries is denied."
Harries v Church Commissioners for England [1992] 1 WLR 1241; [1993] 2 All ER 300
1992
Sir Donald Nicholls VC
Trusts
The court considered the investment policy of the respondents.
Hammond v Mitchell; 1992 - [1992] 2 All ER 109; [1991] 1 WLR 1127
Springett v Defoe; CA 1992 - (1992) 65 P & CR 1; (1992) 24 HLR 552
Springette v Defoe; CA 1-Mar-1992 - [1992] 2 FLR 388
Huntingford v Hobbs; CA 1-Mar-1992 - [1993] 1 FLR 736
Norwich and Peterborough Building Society v Steed; CA 5-Mar-1992 - [1992] EWCA Civ 5; [1993] Ch 116
Evans v Hayward; CA 1-Jun-1992 - [1995] 2 FLR 511
Muir v Lloyds Bank Plc; ChD 17-Jun-1992 - Gazette, 17 June 1992; Gazette, 22 July 1992
The Law Debenture Trust Corporation v Ural Caspian Oil Corp Ltd Gazette, 09 September 1992
9 Sep 1992
ChD
Trusts
The burden of agreements binding on shares which had been assigned did not pass simpliciter with the shares.
1 Cites
1 Citers
Kelly v Cooper and Cooper Trading As Cooper Associates (A Firm) Co [1993] AC 205; [1992] UKPC 30; [1992] 3 WLR 936; [1993] ANZ Conv R 138
19 Oct 1992
PC
Commonwealth, Agency, Trusts
Bermuda - The fiduciary obligations imposed on an agent will depend on the express and implied terms of the contract. Although an agent is, in the absence of contractual provision, in breach of his fiduciary duties if he acts for another who is in competition with his principal, if the contract under which he is acting authorises him so to do, the normal fiduciary duties are modified accordingly
1 Citers
[ Bailii ]
KM v HM (1992) 96 DLR (4th) 289; [1992] 3 SCR 6; 14 CCLT (2d) 1; AZ-92111111; EYB 1992-67549; JE 92-1644; [1992] SCJ No 85 (QL); 36 ACWS (3d) 466; 57 OAC 321
29 Oct 1992
La Forest, L'Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ
Commonwealth, Limitation, Equity, Trusts
Supreme Court of Canada - Limitation of actions - Torts - Assault and battery - Incest - Woman bringing action against father for damages for incest - Whether or not action limited by Limitations Act - Application of the reasonable discoverability principle - Whether or not incest a separate and distinct tort - Limitations Act, R.S.O. 1980, c. 240, s. 45(1)(j), 47.
Limitation of actions - Equity - Fiduciary relationship - Parent/child - Woman bringing action against father for incest - Whether incest constitutes a breach of fiduciary duty by a parent - Whether limitation period applicable and whether the defence of laches applies.
Limitation of actions - Fraudulent concealment - Incest - Whether a limitation period in an incest action is postponed by defendant's fraudulent concealment.
1 Citers
[ Canlii ]