-- >From robertsq@mira.net Thu Sep 03 00:26:22 1998 Received: from (werple.mira.net) [203.9.190.18] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0zENED-0005Wz-00; Thu, 3 Sep 1998 00:26:21 +0000 Received: (qmail 22398 invoked from network); 3 Sep 1998 00:26:16 -0000 Received: from dp-m-p150.werple.net.au (HELO mira.net) (203.17.45.150) by mira.net with SMTP; 3 Sep 1998 00:26:16 -0000 Message-ID: <35EDE1B8.8330C48A@mira.net> Date: Thu, 03 Sep 1998 10:24:24 +1000 From: robert squirrell Organization: mira public-access internet X-Mailer: Mozilla 4.05 [en] (Win95; I) MIME-Version: 1.0 To: "restitution@maillist.ox.ac.uk" Subject: employee's duties Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit Employee’s duty of confidentiality If an employee leaves his employment and then either sets up his own business or joins another business, then uses confidential knowledge gained from his former employer to enrich or benefit himself or his new employer, the employee will be liable in damages to his former employer. Recently there was a short discussion on this point and some reference to recent authority on the point. The employee was held to be liable to account for the profit derived from the transaction. I have lost that reference. Does anybody recall the point and if so give me a pointer? >From lionel.smith@law.oxford.ac.uk Thu Sep 03 08:09:59 1998 Received: from (oxmail.ox.ac.uk) [129.67.1.1] by maillist.ox.ac.uk with esmtp (Exim 1.82 #2) id 0zEUSt-0005oN-00; Thu, 3 Sep 1998 08:09:59 +0000 Received: from sable.ox.ac.uk ([163.1.2.4] ident=exim) by oxmail.ox.ac.uk with esmtp (Exim 2.02 #3) id 0zEUSt-0002S0-00 for restitution@maillist.ox.ac.uk; Thu, 3 Sep 1998 09:09:59 +0100 Received: from ug28.sthughs.ox.ac.uk ([163.1.157.172]) by sable.ox.ac.uk with esmtp (Exim 2.02 #4) id 0zEUSr-0004lt-00 for restitution@maillist.ox.ac.uk; Thu, 3 Sep 1998 09:09:58 +0100 X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 3 Sep 1998 09:09:44 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith approved: eregion From: robert squirrell Organization: mira public-access internet X-Mailer: Mozilla 4.05 [en] (Win95; I) MIME-Version: 1.0 To: "restitution@maillist.ox.ac.uk" Subject: employee's duties Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit Employee's duty of confidentiality If an employee leaves his employment and then either sets up his own business or joins another business, then uses confidential knowledge gained from his former employer to enrich or benefit himself or his new employer, the employee will be liable in damages to his former employer. Recently there was a short discussion on this point and some reference to recent authority on the point. The employee was held to be liable to account for the profit derived from the transaction. I have lost that reference. Does anybody recall the point and if so give me a pointer? >From p.radan@uws.edu.au Tue Sep 08 08:22:52 1998 Received: from (ariel.macarthur.uws.EDU.AU) [137.154.72.5] by maillist.ox.ac.uk with esmtp (Exim 1.82 #2) id 0zGJ34-0003ZS-00; Tue, 8 Sep 1998 08:22:51 +0000 Received: from a9500011.macarthur.uws.edu.au ([137.154.125.15]) by ariel.macarthur.uws.EDU.AU (8.8.8/8.8.8) with SMTP id SAA30243 for ; Tue, 8 Sep 1998 18:23:18 +1100 Date: Tue, 8 Sep 1998 18:23:18 +1100 Message-Id: <199809080723.SAA30243@ariel.macarthur.uws.EDU.AU> X-Sender: a9500011@ariel.macarthur.uws.edu.au X-Mailer: Windows Eudora Version 1.4.4 Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" To: restitution@maillist.ox.ac.uk From: p.radan@uws.edu.au (Peter Radan) Subject: Discretionary Trust Question Whether my question on discretionary trusts is within the parameters of the restitution group I do not know, but I hope someone can enlighten me. In the time between the establishment and winding up of a discretionary trust, in whom is the equitable interest in the relevant property vested. It is my understanding that the settlor does not retain it, the trustee only has the legal title and the objects of the trust have no proprietary interest in the assets. The latter only have the power to ensure that the trustee exercises its power to appoint. Is this therefore a situation analagous to the Barclay's -v- Quistclose situation where the equitable interest in the loan funds "is in suspense" in the time between when the loan is made to the borrower and the carrying out of the purpose of the loan, as was stated in Re Northern Developments (per Megarry V-C)? This issue seems to have profound implications for succession. For example, A puts his assets into a discretionary trust with the usual corporate trustee controlled by A or a reliable friend of A. A has no assets in his name when he dies. In his will A leaves everything to his wife and children in equal shares. Is there anything for the wife and children to inherit? Is this the essence of the litigation over the Michael Hutchence "estate"? Any light that can be thrown on these issues would be greatly appreciated. Peter Radan Faculty of Law University of Western Sydney Macarthur P O Box 555 Campbelltown NSW 2560 AUSTRALIA Tel: +61 (0)2 4620-3648 (Work)