Judgment
Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited and Others - Ruling
[2009] CIGC 8
· G 0555/2005 (consolidated with G 0080/2007) · 2009-06-26
Receivership by way of equitable execution; Whether power of revocation is “property”; Distinction between power vs property; Chose in action; Trust law principles; Delegation of powers; Statutory definitions; Jurisdictional limits; Future distributions; Resulting trust rights
Full metadata
| Neutral Citation | [2009] CIGC 8 |
|---|---|
| Cause Number | G 0555/2005 (consolidated with G 0080/2007) |
| Court | CIGC (Civ) |
| Judge | Smellie CJ |
| Parties | Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Limited and Others - Ruling |
| Judgment Date | 2009-06-26 |
| Subject | Receivership by way of equitable execution; Whether power of revocation is “property”; Distinction between power vs property; Chose in action; Trust law principles; Delegation of powers; Statutory definitions; Jurisdictional limits; Future distributions; Resulting trust rights |
| Filename (current) | 09-06-26-Tasarruf-Mevduati-Sigorta-Fonu-v-Merril-Lynch-Bank-Trust.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Interpretation Act | 3, 3(1) | 6 |
| Wills Act | — | 4 |
| Companies Act | 87 | 3 |
| Trusts Act | — | 3 |
| Bankruptcy Act | 2 | 2 |
| Grand Court Act | 11(1) | 1 |
| Judicature Act | — | 1 |
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