LAWS2015 Lecture Notes - Lecture 1: Judicature Acts, Inter Partes, John Megaw
Document Summary
In this subject, we are looking at equitable relationships and situations. Do not worry about identifying legal relationships that may arise on the facts: equity refers to the body of cases, maxims, doctrines and remedies which derive ultimately from the specific jurisdiction established by the courts of equity. If you improve on land on the title of the property, despite defect in chain of title, the courts of equity will step in if it is more unconscionable for you to lose your hard work. The effects of the judicature acts & the (cid:494)fusion fallacy(cid:495) S57 supreme court act 1970 (nsw): the sc shall administer concurrently administer all rules of law, including rules of equity: s25(11) supremacy of equity. If it can be shown that the breach that occurred is one that equity recognizes (e. g. breach of fiduciary duty) then the remedies you can get are better. Could cr sue under an equitable lease following.
