Hunter v Moss [1993] EWCA Civ 11 (21 December 1993)

Hunter v Moss [1993] EWCA Civ 11 (21 December 1993)

A valid oral trust was declared by Mr Moss in favour of Mr Hunter over 5% of MEL's issued shares. Certainty of subject matter was satisfied as the trust related to fifty shares of a single class in a single company, and there was no requirement to identify specific share numbers. Mr Hunter was entitled to a proportionate share of the consideration received by Mr Moss on the sale of MEL, adjusted for overpayment of dividends.

Citation
[1993] EWCA Civ 11
Parties
Plaintiff: David Morris Hunter; Defendant/appellant: Robert Joseph Moss
Jurisdiction
England and Wales
Judgment Date
21 December 1993
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Express Trusts, Certainty of Subject Matter, Remedies for Breach of Trust, Tracing, Shareholding
Equity Trusts Express Trusts Certainty of Subject Matter Remedies for Breach of Trust Tracing Shareholding

Case Brief

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Parties

David Morris Hunter

Plaintiff

Robert Joseph Moss

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) Judgment

Legal Issues

  1. 1 Whether an express oral trust was validly declared by Mr Moss in favour of Mr Hunter over 5% of MEL shares
  2. 2 Whether the trust failed for uncertainty of subject matter
  3. 3 Proper calculation of compensation/remedy for Mr Hunter

Ratio Decidendi

A valid oral trust was declared by Mr Moss in favour of Mr Hunter over 5% of MEL's issued shares. Certainty of subject matter was satisfied as the trust related to fifty shares of a single class in a single company, and there was no requirement to identify specific share numbers. Mr Hunter was entitled to a proportionate share of the consideration received by Mr Moss on the sale of MEL, adjusted for overpayment of dividends.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Mr Hunter for £112,723.70 less £698.95 (overpayment and agreed interest)
  • Costs awarded to Mr Hunter (Respondent)