Beneficiary actions – ‘Special Circumstances’

Source: Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75 Where “special circumstances” exist, a beneficiary under a trust such as Grovan may bring proceedings that ordinarily should be brought by the trustee in his, her or its own right against a third party or other beneficiary on any cause […]

Joint Obligations

A joint promise by two or more persons creates a single obligation upon both or all. The theory of a joint and several promise is that it creates both a joint obligation incumbent upon all and a number of several obligations respectively incumbent upon each one; but the several obligations are non cumulative, so that […]

Actual and Ostensible authority

See the principles in relation to actual and ostensible authority in Junker v Hepburn [2010] NSWSC 88 (Junker) at [39]-[48] (Hammerschlag J) Agency 39 The authority of an agent may be: actual (either express or implied) where it results from a manifestation of consent that the agent should represent or act for the principal expressly […]