Tito v Waddell (No 2)

Subject Matter

CONTRACT — Benefit and burden — Pure or conditional doctrine — Mining leases with replanting obligation — Government appointees taking benefits — Changes of appointees — Whether present appointees liable on obligation to replant — Whether obligation running with land — Whether in law as well as equity

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

CROWN — Colony — Trusts — Phosphate island — Compulsory acquisition of land for mining under colonial legislation in name of Crown — Lease by colonial official to mining commissioners — Royalties to be held “in trust” for islanders — Funds applicable for benefit of island community and landowners — Whether fiduciary obligation on Crown — Whether indivisibility of Crown imposing liability for colonial government's obligation — Applicability of limitation period or doctrine of laches — Whether bar against Crown proceedings — Whether conflict of interest and duty — Whether breaches of self-dealing or fair-dealings rules — Mining Ordinance 1928, ss 6, 7 — Limitation Act 1939, s 2 (2) (7) — Crown Proceedings Act 1947, s 40 (2)

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

DAMAGES — Contract — Breach — Obligation to replant devastated land — Measure of damages

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

MINES — Mining lease — Construction — Removal of sand and shingle from “beach” of Pacific island — Extent of beach — Jurisdiction of English court in relation to foreign land

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

MINES — Mining lease — Construction — Right to extract phosphates from Pacific island — Obligation to “replant” with trees and shrubs — Prescription by resident commissioner — Mining undertaking passing to mining commissioners — Abolition of office of resident commissioner — Appointment of governor — Extent of obligation to replant — Whether prescription of trees enforceable obligation — Whether condition precedent — Whether mining commissioners liable under doctrine of novation — Whether liable under doctrine of benefit and burden — Appropriate remedy — Damages

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

SPECIFIC PERFORMANCE — Obligation to replant — Suitability of remedy — Phosphate mining on island — Obligation to replant with trees and shrubs prescribed by colonial official — Whether prescription contractual or governmental obligation — Whether court able to prescribe — Difficulty of supervision — Need for concurrence of all parties — Whether damages more suitable

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D

TRUSTS — Nature of trust — Crown — Colonial official acting under local legislation in name of Crown — Compensation and royalties to be held on “trust” for natives — “Trusts in higher sense” and “trusts in lower sense” — Whether enforceable trust or governmental obligation — Whether Crown trustee

[1977] Ch 106; [1977] 2 WLR 496; [1977] 3 All ER 129, Ch D