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Articles 31 - 32 of 32
Full-Text Articles in Estates and Trusts
Teaching Trust Law In The Twenty First Century, Hang Wu Tang
Teaching Trust Law In The Twenty First Century, Hang Wu Tang
Research Collection Yong Pung How School Of Law
I met Michael Bryan in 2004 at the Obligations II conference at the Melbourne Law School. It was my first time presenting a paper at an international conference and I was quite nervous. Michael, who was chairing my session, was extremely warm and supportive and put me quickly at ease. After the session, he generously gave me many insightful suggestions on how to improve my paper. Over the years, I have heard that this is just typical of Michael as a person; colleagues from Melbourne have often been effusive in their praise of Michael. Michael has certainly shown us the …
Rationalising Re Hastings-Bass: A Duty To Act On Proper Bases, Hang Wu Tang
Rationalising Re Hastings-Bass: A Duty To Act On Proper Bases, Hang Wu Tang
Research Collection Yong Pung How School Of Law
In recent times, the courts have increasingly invoked the power to undo the adverse consequences caused by a trustee's acts in certain circumstances. The basis for such an intervention is premised on the so-called rule in Re Hastings-Bass.1 This development has generated enormous interest in terms of case law and essays from the judiciary, legal academy and practising lawyers. Commentators are divided on whether Re Hastings-Bass has a sound jurisprudential foundation. The thesis of this paper is that Re Hastings-Bass is best understood as a doctrine based on a trustee's duty to act on proper bases and not one premised …