Jessup v Queensland Housing Commission [2001] QCA 312

Jessup v Queensland Housing Commission [2001] QCA 312 (10 August 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Jessup v Queensland Housing Commission [2001] QCA 312

PARTIES:

IAN DAVID JESSUP

(applicant/respondent)

v

QUEENSLAND HOUSING COMMISSION

(respondent/appellant)

FILE NO/S:

Appeal No 409 of 2001

SC No 108 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED ON:

10 August 2001

DELIVERED AT:

Brisbane

HEARING DATE:

20 July 2001

JUDGES:

McPherson and Davies JJA, Philippides J

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed with costs

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 on the terms of the Funding Agreement.

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - SPECIFIC INTERPRETATIONS - whether funds constituted "public moneys" under the Financial Administration and Audit Act 1977 (Qld).

Financial Administration and Audit Act 1977 (Qld), s 6, s 23(1), Schedule 3.

Associated Alloys Pty Ltd v ACN 001 452 106 Pty Ltd (2000) 74 ALJR 862, considered.

Australian Elizabethan Theatre Trust, Re [1991] FCA 344; (1991) 30 FCR 491, considered.

Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, considered.

Hardoon v Belilios [1900] UKPC 66; [1901] AC 118, considered.

Schebsman, Re [1944] Ch 83, considered.

Scott v Scott [1963] HCA 65; (1963) 109 CLR 649, considered.

COUNSEL:

D B Fraser QC for the appellant

A J Morris QC for the respondent

SOLICITORS:

Crown Solicitor for the appellant

Gadens Lawyers (Cairns) for the respondent