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LAWS2205 Equity And Trusts
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LAWS2205 Equity And Trusts
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Course Code: LAWS2205
University: Australian National University
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Question:
Find the decision of the ACT Supreme Court in Glanville v Harris [2017] ACTSC 1108.
In your own words, explain the facts of the case as they relate to trusts law only. Explain the court’s decision in your own words.
Answer:
Law of Trusts
Trust is the fiduciary relationship that arises when a person known as a trustee holds or manages the property for an individual known as the beneficiary. The relationship is based on good faith, where a trustee is obligated to act in good faith for the benefit of the beneficiary. In this case, Mr. Glanville the sole director of Achilleus Accounting Pty Ltd which undertook its business through a trust was accused of theft by transferring funds from the company’s account to pay for the company’s expenses and his personal use. The money in question was a chose in action which belonged to Mr. Miller who had set up a trust with the company.
As a trustee, Mr. Glanville was obligated to act in the best interest of the beneficiary, which in this case was Mr. Miller. Contrary to his obligation, he performed in a manner which was to solely deprive Mr. Miler of his property by dishonestly appropriating the property. He breached his duty to be accountable, act in good faith, and manage the assets by the terms of the trust. Mr. Miller’s right as a beneficiary to have the terms of the trust enforced was also breached even though he may or may not have a proprietary interest in the assets of the trust. As an accountant, he ought to have been aware that the money was not to be used for personal reasons without seeking consent from the owner. Consequently, the court found him guilty on the grounds that his actions had the intention to defeat the Trust.
References:
Case Law
Supreme Court of The Australian Capital Territory, Glanville v Harris [2017] ACTSC 110 Retrieved on 3rd October 2018 from https://jade.io/article/529528/section/140124?asv=gloss_widgets Online Sources
Pearse Trust Blog, 2017; Six Main Duties of a Trustee. Retrieved on 3rd October 2018 from https://www.pearse-trust.ie/blog/6-main-duties-of-a-trustee
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