Guardian Trust & Executors Company of New Zealand Ltd v New Zealand Public Trustee

JurisdictionUK Non-devolved
Judgment Date1942
Year1942
Date1942
CourtPrivy Council
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32 cases
  • Lane v Cullens Solicitors
    • United Kingdom
    • Court of Appeal (Civil Division)
    • May 11, 2011
    ...deceased's death. Moreover, Lord Romer's words, in Guardian Trust and Executors Co of New Zealand Ltd v Public Trustee of New ZealandELR ([1942] AC 115, 127): "… should the claim subsequently prove to be well founded", did not support the assertion that there had been no change in the claim......
  • MCP Pensions Trustees Ltd v AON Pension Trustees Ltd
    • United Kingdom
    • Chancery Division
    • June 18, 2009
    ...of the plaintiff's being alive and judgment was accordingly given for the administratrix. 25 In Guardian Trust & Executors Company of New Zealand Limited v Public Trustee of New Zealand [1942] AC 115, the executors of a Will, having obtained probate, but with notice of the fact that the nex......
  • Global Currency Exchange Network Ltd v Osage 1 Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • June 4, 2019
    ...claim would be an “almost indisputably bad one” (Lewin on Trusts, 19 th edn, § 26–031 citing Guardian Trust and Executors Company of New Zealand v Public Trustee of New Zealand [1942] AC 115). 39 Osage submits that the evidence relied on by GCEN comes nowhere near the satisfying the standar......
  • Zhao Long v Endushantum Investments Company Ltd, Lunan Pharmaceutical Group Corporation v Zhao Long
    • British Virgin Islands
    • High Court (British Virgin Islands)
    • March 17, 2022
    ...16 [1999] EWCA Civ 3053, [2001] 1 All ER 91. 17 Guardian Trust and Executors Co of New Zealand Ltd v Public Trustee of New Zealand [1942] AC 115 (Privy Council) at p 127, cited in Lane v Cullens Solicitors [2011] EWCA Civ 547, [2012] QB 18 [2017] UKSC 6, [2017] AC 424. 19 [2021] EWHC ......
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3 firm's commentaries
  • Cayman Court Allows Interim Distributions In Saad Liquidation
    • Cayman Islands
    • Mondaq Cayman Islands
    • November 15, 2019
    ...this difficult issue in future liquidations. Footnotes 1 Guardian Trust and Executors of New Zealand v Public Trustee of New Zealand [1942] AC 115. 2 See, Part 1 & 2 of Schedule 3, Companies Law (2018 3 In re Benjamin [1902] 1 Ch 723; applied in In re Green's Will Trust [1985] 3 All ER ......
  • Grand Court Of The Cayman Islands Looks To Insolvency Concepts In Trustee Blessing Application
    • Cayman Islands
    • Mondaq Cayman Islands
    • April 27, 2023
    ...Amicus Curiae) (FSD Cause No. 137 of 2019 (ASCJ), Judgment dated 14 February 2020 (unreported), Anthony Smellie CJ. 4. See AA v BB. 5. [1942] AC 115. 6. See One Tradex Ltd (FSD, 1 October 2020, The content of this article is intended to provide a general guide to the subject matter. Special......
  • Cayman Court Applies Insolvency Law Cases In Trustee Blessing Application
    • Cayman Islands
    • Mondaq Cayman Islands
    • June 8, 2023
    ...(as Amicus Curiae)(FSD Cause No. 137 of 2019 (ASCJ), Judgment dated 14 February 2020 (unreported), Anthony Smellie CJ. 4.SeeAA v BB. 5.[1942] AC 115. 6.See One Tradex Ltd (FSD, 1 October 2020, The content of this article is intended to provide a general guide to the subject matter. Speciali......
2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Inheritance Act Claims 4th ed
    • August 14, 2023
    ...nom Gregory, Re (1970) 114 SJ 532, CA 148, 184, 187 Guardian Trust and Executors Co of New Zealand Ltd v Public Trustee of New Zealand [1942] AC 115, [1942] 1 All ER 598, 111 LJPC 119, PC 314 Guest v Guest [2022] UKSC 27, [2022] 3 WLR 911, [2023] 1 All ER 695, 25 ITELR 420 201–2 Gully v Dix......
  • Personal Representatives and Trustees
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Inheritance Act Claims 4th ed
    • August 14, 2023
    ...in which the court applied the principles set out in Guardian Trust and Executors Co of New Zealand Ltd v Public Trustee of New Zealand [1942] AC 115). However, they are protected if they pay any sum directed to be paid by the court by way of interim payments under I(PFD)A 1975, s 5, unless......