Clay v Clay

Equity – Fiduciary duty - Guardian of infant children purchased asset at market value from unadministered estate of infants' deceased father - Children were residuary beneficiaries of that unadministered estate - Children sought rescission of sale 21 years later - Whether claim barred by Limitation Act 1935 (WA) - Whether guardian a trustee of an "express trust" - Whether guardian in breach of fiduciary duty in making purchase.

Equity – Express trust - Whether fiduciary in whom title is not vested is an "express trustee" of property.

Words and phrases – "express trust".

Age of Majority Act 1972 (WA) – s 5.

Guardianship of Children Act 1972 (WA) – s 10(1).

Limitation Act 1935 (WA) – s 47.

Supreme Court Act 1935 (WA) – s 25(2).

Trustees Act 1962 (WA).