JSB171 Lecture Notes - Lecture 1: Fiduciary, Equitable Remedy, Rescission
Document Summary
No laches if a statutory bar: archbold v scully (= laches cannot shorten the period further: otherwise delay giving rise to . Remedies: does not matter if action is brought in equity"s exclusive or auxiliary jurisdiction. Can be common law action with equitable remedy: applies to third party actions. Fiduciary duty fully informed consent: defence to claim for breach of fiduciary duty, where the fiduciary/trustee obtains the fully informed consent of the principal/beneficiaries. Statutory limitations: no limitation for equitable relief in queensland state legislation: s 10(6)(b) limitation of. Common law principles start time when action arises (cf. equity when discovered: discretion not exercised to refuse defence. Johns: the action need not be a common law action: johns v johns (2 equitable actions breach of fiduciary duty & breach of trust || although defence not applied on other grounds) Lwb240 principles of equity: court must examine (johns v johns, underlying facts.
