Trustees rights on removal (indemnification and exoneration)

Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 If a corporate trustee is removed as trustee by the operation of a disqualification clause in the trust deed, the position is as follows: (i) notwithstanding the appointment of a new trustee, as the former trustee, it retains its right of indemnity and/or exoneration (described […]

08, 25, 2015
Comments Off on Trustees rights on liquidation (indemnification and exoneration)

By whiggs

Trustees, Trusts & Trustee Law

Trustees rights on liquidation (indemnification and exoneration)

Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 A corporate trustee enters liquidation, its position is as follows: (i) its right of indemnity, or exoneration, is retained (at [16]); (ii) it continues to have the right to meet creditors’ claims related to any liabilities incurred by it in its capacity as trustee, out of the […]

08, 25, 2015
Comments Off on Trustees rights generally (indemnification and exoneration)

By whiggs

Trustees, Trusts & Trustee Law

Trustees rights generally (indemnification and exoneration)

Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 A corporate trustee is acting properly in its capacity as trustee, it has the following rights (at [14]): (i) when a corporate trustee incurs a liability on behalf of the trust, it has a right of indemnity out of the trust assets and retains an equitable […]

05, 08, 2014
Comments Off on Trusts – the ‘three certainties’ of a Trust

By whiggs

Trusts & Trustee Law

Trusts – the ‘three certainties’ of a Trust

No trust will be valid unless there exist the “three certainties” of words, subject-matter and object. The requirement is generally taken to date from 1840, in the statement of principle by Lord Langdale MR in Knight v Knight [1840] EngR 862 ; (1840) 3 Beav 148 at 172-173 [49 ER 58 at 68] (See, earlier, the […]