The formal source of trusts law in Sri Lanka is found in the 1917 Trusts Ordinance. This Ordinance was based on English law, being introduced during the British rule of (what was formerly) Ceylon. In the century since its introduction, the law has certainly not stood still, and the cases and...

In modern trusts textbooks, the impression is frequently given that the only reason why express trusts come into being is that a settlor manifests an intention that this should happen. In this article we argue, first, that such accounts are under-inclusive because trustees and beneficiaries also...

The decision in OPO v MLA [2014] EWCA Civ 1277 causes confusion to the rule in Wilkinson v Downton. A strong line of authorities indicates that the defendant must either have an actual intention to cause physical injury or be reckless as to the causing of such harm, the latter being determined...

In Australia, it is often thought that the decision whether to impose a constructive trust invariably attracts the exercise of remedial discretion. This paper argues that, in reality, the exercise of discretion is highly circumscribed. Further, where such discretion is exercised, it is useful...

This is the introductory chapter to the edited collection, 'Asia-Pacific Trusts Law: Theory and Practice in Context'. We organised the inaugural meeting of the ‘Asia-Pacific Trusts Law’ project in December 2019 at the Melbourne Law School, University of Melbourne. The symposium brought...

Giumelli v Giumelli (1999) 196 CLR 101 indicates that, where A successfully makes out a proprietary estoppel claim, courts must positively exercise two distinct sets of remedial discretion. The first concerns whether expectation relief is appropriate or whether it is a disproportionate remedy in...

This paper argues that the choice of remedial starting point in relation to proprietary estoppel is not simply a choice for claimants as matter of litigation strategy, contrary to the Singaporean Court of Appeal's view in Low Heng Leon Andy v Low Kian Beng Lawrence [2018] 2 SLR 799. It is a...

This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to address explicitly. Drawing from the divergent experiences of England, Australia, and Singapore, it makes two central points. First, the...

Malaysia, as a former British colony, has inherited much of its trusts law from the English. One notoriously difficult area of law is constructive trusts. Precisely when and why constructive trusts arise are fundamental but imperfectly understood matters. This is unfortunate, because the lack of...

Malaysia, as a former British colony, has inherited much of its trusts law from the English. One notoriously difficult area of law is constructive trusts. Precisely when and why constructive trusts arise are fundamental but imperfectly understood matters. This is unfortunate, because the lack of...