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Cases :

CHOITRAM INTERNATIONAL v. PAGARANI1 OFLR 239/2 OFLR 1/3 ITELR 254
- This case was decided in the High Court and Court of Appeal by application of the rule that equity will not perfect an imperfect gift, but the Privy Council saw the events preceding Mr. Pagarani’s death as constituting a declaration of trust by him.CHOITRAM INTERNATIONAL v. PAGARANIDownload
KOCH v. CHEW et al1 OFLR 537
- The Court was asked to give effect to a California judgement by ordering that moneys of unascertained amounts were held on constructive trust for the plaintiff. The Court refused to do so, and refused a Mareva injunction because the plaintiff had no cause of action.KOCH v. CHEW et alDownload
MOSS & PEARCE v. INTEGRO1 OFLR 427
- A trust company on (as the Judge says) the horns of a dilemma. The beneficiaries are prima facie entitled to the trust fund, but there are allegations of fraud in the air. On the facts of this case, the Judge decided that the trustee should hand over the trust assets.The defendant also put forward the rather foolish reason for not giving up the trusteeship, that the rule in Saunders v. Vautier could not operate until the Trust Period provided in the trust instrument had expired. The Judge deals with that first.MOSS & PEARCE v. INTEGRODownload

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