STROTHER v 3464920 CANADA INC. 2007 SCC 24

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Equity: Curing defects in the exercise of trust powers

3 Stone Buildings | Trusts and Estates Law & Tax Journal | January/February 2014 #153
Oliver Hilton sets out the lessons from recent case HR Trustees v Wembley Plc ‘The problem for Wembley was clearly that not all of the trustees had signed the Scheme Amendment Authority, and so it was not under their hands as required by the second sentence of clause 16.’ It is not uncommon for draftsman …

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Equity: To the rescue

Bedell Cristin | Trusts and Estates Law & Tax Journal | June 2013 #147
Lisa Springate and Dina El-Gazzar examine the importance of the landmark decision in Re The Shinorvic Trust ‘With modern family relationships and changed social attitudes, obligations to support financially now extend to a much wider category of people. For example, illegitimate children, stepchildren, and same-sex partners.’ The decision in the recent case of Re The …

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Equity: Clarifying intentions

Zenith Chambers | Family Law Journal | May 2013 #126
Sarah Greenan examines equitable accounting and the circumstances in which an occupation rent may be payable The decision in Akhtar v Hussein [2012] is an endorsement by the Court of Appeal that in a straightforward case the starting point will be that an occupation rent should be payable to the ousted party and that should …

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Farah Constuctions Pty Ltd v Say-Dee Pty Ltd WTLR(w) 2008-11

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