On Equity SC

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On Equity SC

ISBN : 9780455225081
Publisher : Thomson Reuters
Author(s) :
Publication Date :
Edition : 1
Overview On Equity is a thorough and commanding examination of the practice and principles of equity, written by the the Honourable Justice Young, former Chief Judge in Equity of the Supreme Court of NSW from 2001-2009 and currently a Judge of Appeal of the Supreme Court of NSW and two distinguished co-authors. By providing a fresh treatment of equitable doctrines and remedies, this seminal work will ensure that practitioners and students of law have an essential and accessible model for equity in the 21st century. The distinguished authors explore the practice of equity and the day-to-day business of equity practitioners and elucidate the underlying principles in a clear and readable manner. On Equity authoritatively explores the history of equity, equitable doctrines and equitable remedies in three parts: . HISTORY AND OVERVIEW Introduction, Fundamental Concepts, Maxims and Practical Applications of Equity . EQUITABLE DOCTRINES Fraud, Trusts, Fiduciary Relationships, Property, Mortgages, Equitable Assignments, Contracts, Miscellaneous Equities, as well as the principles governing Probate and Administration of Estates . EQUITABLE REMEDIES Discussion on Remedies, Equities and Procedure, Usual Remedies, Defences in Equity, Restitution, New Developments and the Future On Equity is destined to become a leading work in its field. Recently cited in:Burns v Grevler [2010] NSWSC 1219 at [85] per Rein J. 85      I accept that it is important for the Court not to seize upon a conflict of interest and work backwards to conclude that there must therefore be a fiduciary obligation: see Breen at 109 per Gaudron and McHugh JJ and Ausintel Investments Australia Pty Ltd v Lam (1990) 19 NSWLR 637, discussed in P W Young, C Croft and M L Smith, On Equity (2009), Thomson Reuters, Sydney at [7.80]. Sewell v Zelden [2010] NSWSC 1180 at [81] per Rein J. 81      The law in relation to benefits obtained by third parties in the context of a breach of trust or fiduciary duty has come under close scrutiny in recent times. Much judicial and extra-judicial consideration has been given to the topic, and I will attempt to distil the principles binding on this Court and relevant here (see Consul Development Pty Limited v DPC Estates Pty Limited (1974) 132 CLR 373 and Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89), acknowledging the assistance of P W Young, C Croft and M L Smith, On Equity (2009), Thomson Reuters, Sydney (see [6.880]-[6.910])



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