Key points A journal is inanimate and incapable of predation, hence there no such thing as a predatory journal. The predators are the publishing company CEOs, owners other complicit people. Those committing fraud identity theft should be prosecuted. Less time effort spent on scholarly investigations. More now devoted to prosecutions.

The Court of Appeal decision in Official Assignee v Wilson is the leading New Zealand case on "sham trusts". Obiter, O'Regan and Robertson JJ held that for a sham trust to exist, settlor trustee must have common intention not create trust. Post-Wilson, debate continues over precise elements render sham. Law Commission suggested doctrine, as means analysing validity an express trust, may be best...