Category Archives: Equity

Ying Khai Liew, ‘The “Prima Facie Expectation Relief” Approach in the Australian Law of Proprietary Estoppel’

Abstract In Australia, proprietary estoppel attracts the prima facie remedy of expectation relief. This article argues that this remedial approach can be understood simply as a presumption of fact, providing a practical starting point that reflects the frequency with which cases justifying expectation relief are brought. This understanding of the remedial approach is consistent with […]

Liew and Mitchell, ‘The Creation of Express Trusts’

Abstract In modern trusts textbooks, the impression is frequently given that the only reason why express trusts come into being is that a settlor manifests an intention that this should happen. In this article we argue, first, that such accounts are under-inclusive because trustees and beneficiaries also have a part to play in the creation […]

Ying Khai Liew, ‘Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine’

Abstract This paper discusses the facts of Birmingham v Renfrew and the impact of the decision on the development of the mutual wills doctrine in Anglo-Australian law. Much like laying the secure foundations of a building, Birmingham has supplied three central ‘pillars’ upon which the doctrine has gradually been built upon, and upon which the […]

Ying Khai Liew, ‘The “Prima Facie Expectation Relief” Approach in the Australian Law of Proprietary Estoppel’

Abstract Whatever the position may have been before the High Court’s decision in Giumelli v Giumelli, it is now well-accepted that, in Australia, proprietary estoppel attracts the prima facie remedy of expectation relief. This paper asks why this remedial approach exists, and how it ought best to be understood. It notes that the ‘prima facie […]

Criddle, Fox-Decent, Gold, Kim and Miller, ‘Fiduciary Government: Provenance, Promise, and Pitfalls’

Abstract The idea that the state is a fiduciary to its people has a long pedigree – ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to […]

‘Legal Education in Singapore’

The Fall and Rise of Legal Education in Singapore – Simon Chesterman Making and Remaking Equity and Trusts in the Law School – Yock Lin Tan Legal Education in Property Law at NUS: Some Reflections – Keang Sood Teo The Impact of NUS Law on the Development of Tort Law in Singapore – Margaret Fordham […]

Adam Walton, ‘Accessory liability in equity: the case for unconscionability’

Abstract An article examining whether, amidst the huge transformation accessory liability has undergone over the past 25 years, dishonesty has been correctly identified as the touchstone of liability. Tracing the development, doctrinal underpinnings, and how the law is applied in practice, this article makes the case that unconscionability, not dishonesty, is the most appropriate touchstone […]

Mark Pawlowski, ‘Undue Influence: Towards A Unifying Concept Of Unconscionability?’

Abstract The article argues for an assimilation of the related doctrines of undue influence and unconscionable dealings under one common umbrella of unconscionability. The interrelationship between unconscionable bargains and undue influence under English law is considered in some detail, as well as developments in other Commonwealth jurisdictions, notably, in Canada, Australia and New Zealand. After […]

Thomas Simmons, ‘A Will for Willa Cather’

Abstract Artists hold their creative works dear: whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Directing particular uses of property from the grave can be met with several objections. The objections sound in alarmist responses to ‘dead hand control’ and […]

Gordon, Gorman and Benediktsson, ‘May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market’

Abstract This article provides practical insight and strategic guidance regarding how to properly structure the prosecution or defence of a claim in a rising and falling market, and what expert and fact evidence is necessary. First, the article discusses the threshold required to be awarded specific performance and how courts have interpreted Semelhago’s ‘uniqueness’ test, […]