Korda v Australian Executor Trustees (SA) Limited

[2015] HCA 6
Judgment date
Case number
M82/2014
Before
French CJ, Hayne, Kiefel, Gageler, Keane JJ
Catchwords

Trusts – Express trust – Two companies, "the Forest Company" and "the Milling Company", operated timber plantation investment scheme – Forest Company sought investment in scheme – Forest Company entered into Trust Deed with Trustee Company as trustee for holders of interests Forest Company issued – Whether proceeds of the sale of standing timber and scheme land payable to Forest Company and Milling Company subject to express trust in favour of scheme investors.

Words and phrases – "express trust".

Companies Act 1962 (SA) – s 80.

Companies (South Australia) Code – s 168.

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