Elder's Trustee and Executor Company Ltd v Higgins
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1963] HCA 48,1963-0830 HCA A |
| Year | 1963 |
| Date | 1963 |
| Court | High Court |
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5 cases
- Wakim v Hih Casualty & General Insurance Ltd
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Frigger v Trenfield (No 10)
...further precautions. It was said by their Honours Dixon CJ, McTiernan and Windeyer JJ in [Elder's Trustee and Executor Co Ltd v Higgins (1963) 113 CLR 426] 'We are not to judge what the trustee then did or failed to do by the light of later events… The duty of the trustee was to exercise du......
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Australian Prudential Regulation Authority v Kelaher
...This question is to be answered prospectively and without the benefit of hindsight: Elder’s Trustee and Executor Co Ltd v Higgins (1963) 113 CLR 426 at 448. I agree also with this submission. It is the particular circumstances of the conduct which will be determinative. For example, it is n......
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1 firm's commentaries
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Breach of trust by professional trustee even with prior legal advice!
...judgment (in relation to a s85 exoneration) the relevant comments of the High Court in Elder's Trustee & Executor Co Ltd v Higgins (1963) 113 CLR 426 at "although a professional trustee is not beyond the protection of the section 'such a trustee would have to establish a strong case bef......
1 books & journal articles
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MY CREDITOR'S KEEPER: ESCALATION OF COMMITMENT AND CUSTODIAL FIDUCIARY DUTIES IN THE VICINITY OF INSOLVENCY.
...EWHC (Ch) 1653, [54], All ER (D) 54 (citing Cowan v. Scargill [1984] 2 All ER 750, 762). (57.) See Elder's Tr & Ex'r Co Ltd v Higgins [1963] HCA 48, (58.) 76 Am. Jur. 2d Trusts [section] 402 (2021) (footnotes omitted). (59.) Restatement (Third) of Trusts [section] 90 cmt. e (Am. L. Inst......