Australia express trustscertainty of intentionconstruction objective intention

Byrnes v Kendle

Byrnes v Kendle [2011] HCA 26; (2011) 243 CLR 253

JurisdictionAustralia

CourtHigh Court of Australia

Year2011

StatusBinding authority

Key Principle

Whether an express trust has been created is determined by the objective intention manifested in the words and conduct of the alleged settlor, construed like any other instrument; evidence of a settlor's uncommunicated subjective intention is inadmissible and cannot contradict an objective intention to create a trust.

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

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

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