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History of this document
20 May 1988 this version
Published in Government Gazette 11313
Commenced
Note: Date of commencement of whole Act, except sections 3 and 6(a) (see section 33)
05 May 1988
Assented to
Cited documents 0
Documents citing this one 13
Gazette
9Act
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Business, Trade and Industry
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Energy and Natural Resources
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Finance and Money
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Business, Trade and Industry
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Finance and Money
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Judgment
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Court set aside Master’s unlawful trustee appointments and dismissed applicants’ claim to reinstatement.
Trusts — communal property trust — Master’s powers under Trust Property Control Act — appointment and removal of trustees — limits where trust deed prescribes election process — lawfulness of letters of authority — review and setting aside of unauthorised trustee appointments.
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Court enforces settlement agreement, rejects duress/misrepresentation, substitutes pension clause with 50% monetary payment and awards costs.
Settlement agreements – enforcement – parties may include terms beyond pleadings; validity despite onerous obligations; duress and misrepresentation must be proven; joinder of creditors not required where agreement creates only personal rights; pension fund provisions and s 37D – direct enforcement against fund requires statutory route, court may substitute monetary relief.
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