Hayim v Citibank N.A.
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1987 |
| Date | 1987 |
| Year | 1987 |
| Court | Privy Council |
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90 cases
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Hannoun v R Ltd
...2 ACLR 549, referred to. (4) Great Wheal Busy Mining Co., In reELR(1871), L.R. 6 Ch. App. 196, referred to. (5) Hayim v. Citibank N.A., [1987] A.C. 730; [1987] 3 W.L.R. 83, not followed. (6) Humber Ironworks & Ship-building Co., In reELR(1875), 1 Ch.D. 576, referred to. (7) Kelly v. MawsonU......
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Bland v Ingrams Estates Ltd
...and a trustee who neglected in the performance of a duty to protect the trust estate: see per Lord Templeman in Hayim v Citybank NAELR ((1987) AC 730). In such a case the beneficiary might join the trustee as a defendant to the action and sue in right of the trust and in the shoes of the tr......
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Wong Moy (administratrix of the estate of Theng Chee Khim, deceased) v Soo Ah Choy
...to recover the assets of the estate of Theng. On this question it is relevant to refer to the case of Hayim & Anor v Citibank NA & Anor [1987] 1 A C 730, which was a decision of the Privy Council on an appeal from the Court of Appeal of Hong Kong. In that case, the testator by his will disp......
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Cattley v Pollard
...But as Mr Halpern also pointed out, a beneficiary has no cause of action against a third party save in exceptional circumstances (see Hayim v Citibank [1987] AC 730 at p 748F per Lord Templeman). S 21(1) also refers to an action brought by a beneficiary but I consider that it would be surpr......
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2 firm's commentaries
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Trustee Exemption Clauses: Redundant Or Required? By Archie J. Rabinowitz, B.A., L.L.B.*
...any loss not attributable: 3. An example of this type of clause can be found in the English Privy Counsel decision of Hayim v. Citibank, [1987] AC 730, in which the testator appointed an executor on the terms that the executor “shall have no responsibility or duty with respect to” his house......
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Trustee Exemption Clauses: Redundant Or Required?
...2. R.S.O. 1990, c. T.23. 3. An example of this type of clause can be found in the English Privy Counsel decision of Hayim v. Citibank, [1987] AC 730, in which the testator appointed an executor on the terms that the executor "shall have no responsibility or duty with respect to" his house i......
1 books & journal articles
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Scottish Trusts in the Common Law
...the beneficiary may be allowed to proceed against a third party without the cooperation of the trustee: Hayim v Citibank N A [1987] AC 730 at 747–748. But even in this case, he is exceptionally allowed to enforce the trustee's rights; this is shown by the requirement that the beneficiary mu......