← All Authorities
Australia breach of trusttrustee exoneration clauses

Travel Compensation Fund v Tambree

(2005) 224 CLR 627
JurisdictionAustralia
CourtHigh Court of Australia
Year2005
StatusBinding authority

Summary

A trustee who acts honestly and reasonably may be excused from personal liability for breach of trust under s.85 Trustee Act 1925 (NSW).

Key Principle

The HCA considered the liability of trustees for breach of trust and held that a trustee who acts honestly and reasonably may be excused from personal liability under s.85 of the Trustee Act 1925 (NSW).

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.

Ask CommonBench about this case

Get a detailed analysis of Travel Compensation Fund v Tambree and how it applies to your situation.

Explain Travel Compensation Fund v Tam...