By Thomas Hurley -
Key decisions
- Korda v Australian Executor Trustees (SA) Ltd [2015] HCA 6
EQUITY
Trusts – requirements of express trust
In Korda v Australian Executor Trustees (SA) Ltd [2015] HCA 6 (4 March 2015) all members of the High Court concluded the Court of Appeal (Vic) had erred in concluding commercial agreements for a timber plantation investment scheme were such that the corporate trustees received funds on an express trust for the investors in the scheme: French CJ; Hayne with Kiefel JJ; Gageler J; Keane J. Consideration of requirements to create express trust. Appeal allowed.
