<i>Cruz City 1 Mauritius Holdings v Unitech Limited and others</i>, Isle of Man, CHP 13/0066

Abstract Courts sometimes seem willing to find that a trust exists in circumstances that enable them to do justice between the parties immediately before them. In Petrodel v Prest, for example, a bare trust finding enabled the court to ensure, in its view, that justice was done without disturbing the virtually immutable separation of corporate personality from its members. Doing so might, however, risk creating an injustice elsewhere by depriving a company of sufficient assets to meet its own obligations. The Manx court recently balanced these considerations with the imperative of assisting a creditor to obtain satisfaction from a debtor.

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Publication Details

Journal
Trusts & Trustees
Published
2024-10-17
DOI
https://doi.org/10.1093/tandt/ttae077
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00
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article

Cruz City 1 Mauritius Holdings v Unitech Limited and others, Isle of Man, CHP 13/0066

John Rimmer
Trusts & Trustees
Legal Issues in South Africa
article

Cruz City 1 Mauritius Holdings v Unitech Limited and others, Isle of Man, CHP 13/0066

John Rimmer
article en

Abstract

Abstract Courts sometimes seem willing to find that a trust exists in circumstances that enable them to do justice between the parties immediately before them. In Petrodel v Prest, for example, a bare trust finding enabled the court to ensure, in its view, that justice was done without disturbing the virtually immutable separation of corporate personality from its members. Doing so might, however, risk creating an injustice elsewhere by depriving a company of sufficient assets to meet its own obligations. The Manx court recently balanced these considerations with the imperative of assisting a creditor to obtain satisfaction from a debtor.

Trusts & TrusteesVol. 30(9)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Legal Issues in South Africa
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<i>Cruz City 1 Mauritius Holdings v Unitech Limited and others</i>, Isle of Man, CHP 13/0066 — John Rimmer · Trusts & Trustees (2024) | TGRS Research Map | TGRS