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Australia express trustsconstruction interpretation

Byrnes v Kendle

(2011) 243 CLR 253
JurisdictionAustralia
CourtHigh Court of Australia
Year2011
StatusBinding authority

Summary

Trust deeds are construed according to ordinary contractual principles, with terms determined by the objective intention of the parties.

Key Principle

The HCA held that a trust deed must be construed according to ordinary contractual principles; the terms of the trust are determined by the objective intention of the parties.

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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