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Title: A shift in the objective deduction of secondary fact in presumption
Authors: Hsiao, Mark
First Published: Apr-2017
Publisher: Sweet and Maxwell
Citation: The Conveyancer and Property Lawyer, 81 (2), pp. 101-115
Abstract: The paper looks at the resulting-trust analysis adopted by the Supreme Court in the case of Prest v Petrodel Resources and argues that there is an inclination to an objectively deductive measure of inferred intention of the transferor. The presumed ownership for the transferor is based neither on intention inconsistent with a trust nor on intention to make a gift by the transferor; rather, the inferred intention is based on the objective deduction of the respondent-company not using property consistent with its beneficial ownership. The shift to the context-based application of objective inference is hidden in an unarticulated application of presumption in contextual-neutrality.
ISSN: 0010-8200
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © Sweet and Maxwell 2017. After an embargo period this version of the paper will be an open-access article distributed under the terms of the Creative Commons Attribution-Non Commercial License (, which permits unrestricted use, distribution, and reproduction in any medium non-commercially, provided the original author and source are credited.
Description: The file associated with this record is under embargo until 12 months after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.
Appears in Collections:Published Articles, School of Law

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