25 Jul 2012
STOKES FAMILY TRUST V INSIGHT LEGAL TRUSTEE CO LTD HC AK CIV-2011-404-1317
- Citation
- openlaw-f44f55b2_b27a_471d_bba4_1b7e704ad946.pdf
- Court
- High Court
On the facts the judge found that Mrs Colebrook intended to act on behalf of the RM Colebrook Family Trust when she entered the August 2007 sale and purchase agreement and, on the history and pattern of the trust's dealings, had inferred actual authority from the trust; therefore she was an undisclosed agent of the trust, the trustees were personally liable for failure to settle, and the trustee has a right of indemnity giving rise to an equitable lien over trust property which the plaintiffs may subrogate to enforce.