QLDQCA
Jessup v Queensland Housing Commission [2001] QCA 312
[2001] QCA 312
Court of Appeal (Qld)|2001-08-10|Before: McPherson and Davies JJA, Philippides JSeparate reasons for judgment of, each member of the Court, each concurring as to the order made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-08-10
Before
McPherson and Davies JJA, Philippides JSeparate reasons for judgment of, each member of the Court, each concurring as to the order made
Catchwords
- EQUITY – TRUSTS AND TRUSTEES – EXPRESS TRUSTS CONSTITUTED INTER
- VIVOS – DECLARATION OF TRUST – NECESSITY
- FOR INTENTION –
- whether, in receiving funds, the payee was constituted a trustee of those funds
Source
Original judgment source is linked above.
Catchwords
EQUITY – TRUSTS AND TRUSTEES – EXPRESS TRUSTS CONSTITUTED INTERVIVOS – DECLARATION OF TRUST – NECESSITYFOR INTENTION –whether, in receiving funds, the payee was constituted a trustee of those fundson the terms of the FundingAgreement.STATUTES – ACTS OFPARLIAMENT – INTERPRETATION – PARTICULAR WORDS AND PHRASES –SPECIFIC INTERPRETATIONS –whether funds constituted “publicmoneys” under the Financial Administration and Audit Act 1977(Qld).Financial Administration and Audit Act 1977 (Qld), s 6, s23(1), Schedule 3.Associated Alloys Pty Ltd v ACN 001 452 106 PtyLtd (2000) 74 ALJR 862, considered.Australian Elizabethan TheatreTrust, Re [1991] FCA 344(1991) 30 FCR 491, considered.Barclays Bank Ltd vQuistclose Investments Ltd [1970] AC 567, considered.Hardoon vBelilios [1900] UKPC 66[1901] AC 118, considered.Schebsman, Re [1944] Ch 83,considered.Scott v Scott [1963] HCA 65(1963) 109 CLR 649, considered.