Date: Fri, 17 Nov 2006 00:12:02 +1100

From: Peter Radan

Subject: Third Party Trust Case

Jason,

In the well known Oz case of Trident General Insurance v McNiece Bros (1988), Deane J specifically found for the third party on the basis of trust in such circumstances. A couple of other judges briefly referred to trust as a possibility on the facts of the case, but refused to consider because it hadn't been pleading (Deane was not so concerned about this technical issue).

Peter Radan

Associate Professor Peter Radan
Head, Department of Law
Macquarie University NSW 2109
AUSTRALIA
Tel: +61 (0)2 9850-7091

>>> Jason Neyers >>>

Dear Colleagues:

Does anyone have a favourite case of high authority where the courts found that a trust was created by a third party beneficiary contract and where the words "in trust" were not used?

Of course, I am aware of Les Affreteurs/Walford and McEvoy, but I get the feeling that most people (at least in North America) see the trusts created in those cases as fictional and results orientated. So I am looking for a case where such a charge would be harder to level. Any suggestions?

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