LAWS2003 Chapter Notes - Chapter Review: Specific Performance, Fide, Rescission
Document Summary
Laches cannot stand if there is an express time limitation: archbold v scully. No limitation for equitable relief in queensland state legislation: s 10(6)(b) limitation of actions. Actions for recovery of equitable interests in land s16(1) loaa. Equity will apply a statutory limitation period if an analogy can be drawn between a cause of action limited by a statute and the equitable action/ relief knox v gye. 1. equitable relief sought: cause of action/relief sought (primary claim) The claim or relief which is sought to be barred by analogy must be equitable knox v gye. State what the cause of action is: ie fiduciary duty, breach of confidence, unconscionable conduct. Equitable reliefs: state what reliefs the party is seeking i. e account of profits, equitable compensation or constructive trust: no statutory time limitation period applies to primary claim. Csi v heath: the remedies sought must also materially correspond in content, not form- csi v heath.
