Rehabilitating the common intention trust

Position of the common intention principle in Australia - the principle should continue to exist - evidentiary difficulties means that the principle is infrequently invoked - claimants who cannot produce sufficient evidence of a common intention may be entitled to relief via equitable estoppel or the joint endeavour principle - the doctrinal foundation of the common intention trust - alternative rationales for the common intention trust.

Pacific Carriers Ltd v BNP Paribas

High Court decision in Pacific Carriers v BNP Paribas, that BNP Paribas was estopped from denying the authority of its manager to sign the documents on its behalf will be a relief to third parties who rely on documents signed for and on behalf of financial institutions - particularly to those involved in the shipping industry who seek letters of indemnity relating to discharge of cargo without production of bills of lading.