<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.
Authors
- John Rimmer (ORCID: https://orcid.org/0000-0003-1086-3750)
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