CITATION: Commonwealth of Australia v Booker International Pty Ltd [2002] NSWSC 292 revised - 5/07/2002 CURRENT JURISDICTION: Equity FILE NUMBER(S): SC 4960/98 HEARING DATE(S): 04/04/02, 05/04/02 JUDGMENT DATE: 12 April 2002 PARTIES :
Commonwealth of Australia (plaintiff)
Booker International Pty Limited (defendant)JUDGMENT OF: Campbell J
COUNSEL : Ronald Webb (plaintiff)
Andrew Bell, Jeremy Kirk (defendant)SOLICITORS: Australian Government Solicitor (plaintiff)
Eakin McCaffery Cox (defendant)CATCHWORDS: TRUSTS AND TRUSTEES - intention to create a trust - when intention to be inferred - TRUSTS AND TRUSTEES - intention to create a trust - concerning commercial arrangements - TRUSTS AND TRUSTEES - construction of particular contract - TRUSTS AND TRUSTEES - right of beneficiary to recover in personam, from recipient of trust property - when recipient of trust property gives consideration - first limb of Barnes v Addy LEGISLATION CITED: Trustee Act 1925 (NSW)
Trusts Act 1973 (Qld)
Trustee Act 1958 (Vic)CASES CITED: Hardoon v Belilios [1901] AC 118
Black v S Freedman & Co (1920) 12 CLR 105
Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548
Barclays Bank Ltd v W J Simms Son & Cooke (Southern) Ltd [1980] QB 677
David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353
City Bank of Sydney v McLaughlin (1909) 9 CLR 615
Barnes v Addy (1874) LR Ch App 244
Baden Delvaux v Sociéte Generale [1993] 1 WLR 509
Koorootang Nominees Pty Ltd v Australia & New Zealand Banking Group Ltd [1998] 3 VR 16
Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
Bahr v Nicolay [No2] (1988) 164 CLR 604
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
Daly v Sydney Stock Exchange Ltd (1986) 160 CLR 371
Walker v Corboy (1990) 19 NSWLR 382
Henry v Hammond [1913] 2 KB 515
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Jessup v Queensland Housing Commission [2001] QCA 312
Davies v Australian Securities Commission (1995) 59 FCR 221
Occidental Life Insurance Company of Australia Ltd v Bank of Melbourne (1993) 7 ANZ Insurances Cases
78,310
In Re: Hallett's Estate 13 Ch D 696, at 708
In Re Australian Elizabethan Theatre Trust (1991) 30
FCR 491DECISION: Trust not established
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
EQUITY LIST
CAMPBELL J
12 APRIL 2002
4960/98 COMMONWEALTH OF AUSTRALIA V BOOKER INTERNATIONAL PTY LTD
JUDGMENT
HIS HONOUR:
Nature of the Claim
1 The Commonwealth entered an arrangement with South Pacific Cruise Lines Ltd (“SPCL”), under which the Commonwealth paid money to SPCL to enable unemployed people to be trained to work as crew on a cruise ship. SPCL used the money for other purposes. One hundred and forty thousand dollars of the money found its way to Booker International Pty Ltd (“Booker International”). The Commonwealth seeks to recover that sum, with interest, from Booker International.
2 The first steps in the argument by which the Commonwealth seeks to recover the money are that when…
Keep reading for free
Create a free CaseChat account to read Commonwealth v Booker International Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2002] NSWSC 292
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was to determine whether the transactions in question created a trust, specifically a commercial trust. This involved assessing the intention of the parties involved in the transactions and whether there was a sufficient intention to create a trust. The court also had to consider whether the Commonwealth could recover the money from Booker International under the first limb of Barnes v Addy, given that Booker International had provided consideration for the receipt of the trust property.
The court concluded that there was no intention to create a trust in relation to the payments in question. It found that the arrangements between the parties were commercial in nature and did not reflect an intention to establish a trust. The court emphasised that for a trust to be recognised, there must be a clear intention to create one, and this intention must be evident in the terms of the arrangement. Furthermore, the court held that the Commonwealth could not recover the money under the first limb of Barnes v Addy because Booker International had provided consideration for the receipt of the trust property.
As a result, the court dismissed the Commonwealth's claim, finding that no trust had been created and that the Commonwealth's claim was therefore without merit. The Commonwealth was ordered to pay the costs of the proceeding.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.