Now showing items 1-10 of 10

  • Allowances and the Search for Justification 

    Palmer, Jessica
    This article provides a response to the article in this volume entitled 'What Shall We Do with the Dishonest Fiduciary? The Unpredictability of Allowances for Work and Skill' by Bronwyn Arnold. It begins in Part I with an ...
  • Clayton v Clayton: A Step Too Far? 

    Peart, Nicola; Palmer, Jessica
    This article considers the New Zealand Court of Appeal decision in Clayton v Clayton, which concerned a relationship property dispute involving assets held in trusts. The authors provide a brief discussion of the relationship ...
  • Dealing with the Emerging Popularity of Sham Trusts 

    Palmer, Jessica
    This article considers the doctrines of sham trusts and alter egos currently causing some controversy among trust lawyers. The author analyses recent decisions of the High Court involving allegations of sham trusts and ...
  • Implications of the New Rule Against Penalties 

    Palmer, Jessica
    Whether a contractual term is penal and therefore unenforceable has usually been determined by distinguishing it from stipulations that are a reasonable contemplation of loss resulting from breach. This article considers ...
  • The Revolution and Legacy of the Discretionary Trust 

    Palmer, Jessica; Rickett, Charles E.F.
    The requirement of object certainty in express trusts underwent significant reform in the heady days of the late 1960s and early 1970s. This article argues that those changes have had important implications not only for ...
  • Theories of the Trust and What They Might Mean for Beneficiary Rights to Information 

    Palmer, Jessica
    The trust is a mental construct used to explain a type of guardianship of property. There are traditionally two ways to understand the trust - one sees the trust as creating proprietary rights and duties; the other as ...
  • Trust Principles Overlooked 

    Peart, Nicola; Palmer, Jessica
    Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within ...
  • Understanding the Director's Fiduciary Obligation 

    Palmer, Jessica
    It is trite law that a director is a fiduciary to his or her company and must act in the interests of the company. However, identifying the “interests of the company” is not so straightforward. Different theories of the ...
  • Unjust Enrichment, Proprietary Subrogation and Unsatisfactory Explanations 

    Palmer, Jessica
    While contractual subrogation is understood as a function of agreement or common intention between the relevant parties to assign rights, justifying non-contractual subrogation has proved more difficult. The dominant view ...
  • What Was That Thing You Said? The New Zealand Supreme Court's Vexing Vector Gas Decision 

    Palmer, Jessica; Geddis, Andrew
    This article examines what the authors consider “the worst decision handed down by New Zealand’s top court in the last quarter-century.” The authors defend their position by arguing that the Vector Gas decision represents ...