Jersey Judgment

In re Yates v [1994] JLR 221 (16 June 1994)

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Source document

01

Holding and result

The court may permit the mortgage of trust property to a trustee if it is in the best interest of the trust, justified by the circumstances, and no other source of funds is available, even if a conflict of interest may arise.

Court disposition

application granted

Orders

  • Trust property may be mortgaged to the trustee as sanctioned by the court.

02

Material facts

Parties

Yates

Applicant

03

Procedural history

  1. Posture

    Trusts / Application for Court Sanction of Mortgage of Trust Property

04

Questions and positions

Legal issues

Whether the court may sanction the mortgage of trust property to a trustee in circumstances where speed is essential and no other source of funds is available

Party arguments

Applicant
The mortgage of trust property to a trustee is necessary, justified by the particular circumstances, and in the best interest of the trust due to the need for speed and lack of alternative funding.
Respondent
Potential conflict of interest exists in mortgaging trust property to a trustee.

05

Court’s reasoning

  1. 01

    [1994] JLR 221

    The court may sanction the mortgage of trust property if it is in the best interest of the trust and justified by the particular circumstances of the case.

  2. 02

    [1994] JLR 221

    Trust property may be mortgaged to a trustee, notwithstanding possible conflict of interest, if speed is essential and no other source of funds is available.

06

Ratio, limits and disposition

Ratio decidendi

The court may permit the mortgage of trust property to a trustee if it is in the best interest of the trust, justified by the circumstances, and no other source of funds is available, even if a conflict of interest may arise.

Court disposition

application granted

  • Trust property may be mortgaged to the trustee as sanctioned by the court.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1994] JLR 221

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BAILII >> Databases >> Jersey Law Reports >> In re Yates v [1994] JLR 221 (16 June 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940221.html Cite as: [1994] JLR 221 [ New search ] [ Help ] In re Yates v 1994 JLR 221 (16 June 1994) Trusts - powers and duties of trustees - mortgage of trust property - court may sanction mortgage if in best interest of trust and justified by particular circumstances of case-trust property may be mortgaged to trustee, notwithstanding possible conflict of interest, if speed essential and no other source of funds The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 221 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940221.html

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