Non Est Factum: Green v Stadler comes from the case of Green v Stadler (unreported) 4 December 2015.
This is an interesting case in which the Court did not uphold the application of the Trustee in Bankruptcy, who sought to rely upon the terms of a document in Spanish signed by all the relevant parties, that suggested an overseas property was held by the bankrupt’s son for the bankrupt and someone else.
The Court dismissed the application as follows:
Drawing, therefore, the strands of all my views together in his judgment, no pre-Deed express trust was created, no constructive trust at any time was created and the Deed did not create an express trust itself. In any event the Deed is void on the basis of non est factum and absent non est factum I would have rescinded the Deed on the ground of misrepresentation.
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