The Court considered a provision of the 1882 Act which required a dealing with a tenant for life to be one in good faith said that good faith. Kekewich J said that the words ‘good faith’ were to be equated with the words ‘bona fides’, and: ‘I think that the best way of defining the expression (good faith) so far as it is necessary or safe to define it, is by saying that it is the absence of bad faith – of mala fides’.
Kay LJ said that good faith ‘must mean or involve a belief that all is being regularly and properly done’
Judges:
Kekewich J, Kay LJ
Citations:
[1892] 3 Ch 382
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – St Mary and St Michael Parish Advisory Company Ltd v The Westminster Roman Catholic Diocese Trustee, Her Majesty’s Attorney Genera and others ChD 6-Apr-2006
Parish members objected to the building within the church grounds of an education centre. They said that the land was to be used for the purposes of the members of the parish only under a trust deed of 1851.
Held: The deed had to be construed . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 01 December 2022; Ref: scu.242385