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)
    • 11 mai 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......
  • Global Currency Exchange Network Ltd v Osage 1 Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 4 juin 2019
    ...any such 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 t......
  • MCP Pensions Trustees Ltd v AON Pension Trustees Ltd
    • United Kingdom
    • Chancery Division
    • 18 juin 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......
  • MCP Pensions Trustees Ltd v AON Pension Trustees Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 mars 2010
    ...27: see Re Land Credit Co of Ireland, Markwell's Case (1872) 21 WR 135 and the Privy Council decision in Guardian Trust and Executive Co of New Zealand v Public Trustee of New Zealand [1942] AC 115 at 127 per Lord Romer. Markwell's Case was concerned with a statutory predecessor of this sec......
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2 firm's commentaries
  • Cayman Court Allows Interim Distributions In Saad Liquidation
    • Cayman Islands
    • Mondaq Cayman Islands
    • 15 novembre 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
    • 27 avril 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......

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