Re Johnson. Shearman v Robinson
| Jurisdiction | England & Wales |
| Date | 1879 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
23 cases
-
Equity Trust (Jersey) Ltd v Halabi (in his capacity as Executor of the Estate of the late Madam Intisar Nouri)
...lien does not depend on possession, it normally survives after he has ceased to be a trustee: In re Johnson; Shearman v Robinson (1880) 15 Ch D 548, 552.” 12 The appellants on these appeals do not take issue with the principles set out by Lord Hodge at para 59, except that they invite the B......
-
The Serious Fraud Office v Litigation Capital Ltd (a company incorporated in the Marshall Islands) and Others
...Because an equitable lien does not depend on possession, it normally survives after he has ceased to be a trustee: In re Johnson (1880) 15 Ch D 548, 552. (vi) A creditor has no direct access to the trust assets to enforce his debt. His action is against the trustee, who is the only person w......
-
Commissioner of Taxation v Lane
...McPherson, op cit pp 366-367). That, in the end, is what is meant by saying that it is only by the “lucky accident” (Re Johnson (1880) 15 Ch D 548 at 552-553, per Jessell MR) of there being a trust that a trust creditor is put in a better position than any other creditor of the company. In ......
-
Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth
...(NSW) v Buckle (1998) 192 CLR 226 at 247 [51], quoting Chief Commissioner of Stamp Duties v Buckle (1995) 38 NSWLR 574 at 586. 60 (1880) 15 Ch D 548 at 552, quoted in Jennings v Mather [1901] 1 QB 108 at 115. See also In re Beddoe; Downes v Cottam [1893] 1 Ch 547 at 558, quoted in Chief Co......
Request a trial to view additional results
4 books & journal articles
-
Judgment-Proofing Voluntary Sector Organisations from Liability in Tort
...(Eng)) (the creditor’s claim against the trust funds is derivative, based on the trustee’s own right of indemnity); Re Johnson , (1880) 15 Ch D 548 (Ch (Eng)) [ Johnson ] (if there is no right of indemnity, there is no claim); Ex parte Edmonds , [1862] 45 ER 1273 (Ch (Eng)). 240 Morgan, Jud......
-
THE CASE AGAINST THE EQUITABLE LIEN.
...For a general discussion of this issue, see Heydon and Leeming (n 40) 522; Silink (n 45) 74-80. (54) Re Johnson; Shearman v Robinson (1880) 15 Ch D 548, 552 ('Re Johnson). See also the discussion in Harlan F Stone, 'A Theory of Liability of Trust Estates for the Contracts and Torts of the T......
-
CARTER HOLT HARVEY WOODPRODUCTS AUSTRALIA PTY. LTD. V. COMMONWEALTH: THE TRUE NATURE OF THE TRUSTEE'S RIGHT OF INDEMNITY.
...MARCUS ROBERTS ([dagger]) * (2019) 93 ALJR 807 ('Re Amerind'). ([dagger]) MA (Oxon), JD (Melb). (1) Re Johnson; Shearman v Robinson (1880) 15 Ch D 548, (2) See Nuncio D'Angelo, Commercial Trusts (LexisNexis Butterworths, 2014) 76-9 [2.92]-[2.97]. (3) [1983] 1 VR 561 ('Re Enhill'). (4) (1983......
-
LEGAL CONSTRAINTS TO TOTAL RETURN INVESTMENT BY TRUSTEES
...accommodates the “massive” discretionary trust which falls outside the rule in Saunders v Vautier (1841) Cr & Ph 240. 38 See Re Johnson (1880) 15 Ch D 548 at 552. See also Muir v City of Glasgow Bank (1879) 4 App Cas 337 at 355. 39 This duty is not an irreducible core duty as popularly conc......