Smith and Philpott v Athol Administration Limited and ors, the Milewood Purpose Trust (2021), CHP2020/93

Abstract

A body of case law has now developed in relation to the well-known jurisdiction of common law courts to intervene in voluntary dispositions where they are made on the basis of a serious mistake. But what about the situation where some consideration has been given for the disposition? Does the existence of significant, or any, consideration deny the equitable remedy?