- Schreuders v Grandiflora Nominees Pty Ltd  VSCA 93
- Teo v Buckeridge  WASC 164
- Re a Patient Fay  NSWSC 624
- Smith v Whittaker  VSC 287
- Benjamin (dec’d)  SASC 84
- Great Investments Ltd v Warner  FCAFC 85
- ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation  NSWSC 764
- Ponikvar (dec’d)  SASC 95
- Porker v Richards  SASC 98
- C v W (No 2)  NSWSC 945
- Rogers v Rogers Young  WASC 208
- AEW v BW  NSWSC 905
Construing a trust instrument
The Victorian Court of Appeal in Schreuders v Grandiflora Nominees Pty Ltd  VSCA 93 has set out a comprehensive list of the principles of construction which apply to a trust instrument.
Exceptions to co-trustees acting jointly
Whilst the Trustee Act 1925 (NSW), s 49(1) allows limited exceptions to the rule, the co-trustees of a private trust are generally required to act unanimously. They must therefore defend proceedings jointly. The Western Australian Supreme Court in Teo v Buckeridge  WASC 164 has identified three common law exceptions to that rule. Firstly, when one of the trustees has a personal interest which conflicts with his or her duty as a trustee. Secondly, when one trustee can admit facts which the other trustees believe not to be true. Thirdly, when allegations of fraud or improper conduct are made against one trustee but not others.