Byrnes v Kendle

Equity – Trusts and trustees - Express trusts constituted inter vivos - Where respondent by deed declared one half of property held "upon trust" for second appellant - Whether respondent a trustee - Whether evidence extrinsic to deed relevant to intention to create trust.

Equity – Trusts and trustees - Powers, duties, rights and liabilities of trustees - Liability for breach of trust - Where trustee leased trust property - Whether duty to collect rent - Whether breach of duty to fail to collect unpaid rent - Where beneficiary knew trustee failed to collect rent and was told trustee had duty to collect rent - Whether beneficiary consented to or acquiesced in breach - Whether trustee entitled to set-off outgoings and improvements to property in taking of accounts.

Words and phrases – "acquiescence", "bare trust", "consent", "estoppel", "express trust", "intention", "upon trust".

Law of Property Act 1936 (SA) – ss 29(1)(b), 41.

Trustee Act 1936 (SA) – ss 6, 7, 8, 25A, 25C.