Trusts & Trustees Advance Access originally published online on December 4, 2007
Trusts & Trustees 2007 13(10):613-614; doi:10.1093/tandt/ttm115
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© The Author (2007). Published by Oxford University Press. All rights reserved.
Certainty of subject matter
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The plaintiff alleged that the defendant had executed a declaration of trust in her favour in respect of 220,000 of the 1.5 m shares he held in a certain company. The defendant resisted this claim that there was a valid trust as the shares could not be identified and therefore there was no certainty to the subject matter.
The Supreme Court of New South Wales (Equity Division), Campbell J, considered the construction and the declaration