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Cases and Materials on Equity and Trusts, 9th edition
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Cases and Materials on Equity and Trusts, 9th edition

Price: $185.00
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ISBN 9780409348552 NEW RELEASE DEC, 2018

Publication date: December, 2018


Cases and Materials on Equity and Trusts provides authoritative discussion and analysis with a comprehensive selection of extracts


Format: Paperback


Cases and Materials on Equity and Trusts provides an extensive selection of extracts from leading cases and authoritative commentary on the essential elements of equity and trusts. The work concentrates on fundamental judicial and scholarly statements of the purposes and principles of all aspects of equity, and includes the law of trusts and trustees, tracing, contribution and subrogation, and all other major equitable doctrines and remedies. Case extracts are accompanied by comprehensive discussion and analysis, extracts from statutes and critical statements on the law. Interesting and demanding discussion questions are included to extend more capable readers.

This new edition updates the entire work, including reference to the following leading decisions:

• Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172 
• FHR European Ventures LLP v Cedar Capital Partners LLC [2015] AC 250 
• Fistar v Riverwood Legion and Community Club Ltd (2016) 91 NSWLR 732 
• Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392 
• Paciocco v Australia and New Zealand Banking Group (2016) 258 CLR 525
• Sidhu v van Dyke (2014) 251 CLR 505.

This highly-regarded work is an invaluable resource for students, practitioners and scholars seeking an in-depth understanding of the main principles and remedies in Anglo-Australian equity and trusts.



• Authoritative analysis
• Combination of commentary and materials develops competence in reading and understanding cases


Related Titles

Evans, Jones & Power, Equity and Trusts, 4th ed, 2016
Heydon & Leeming, Jacobs Law of Trusts in Australia, 8th ed, 2016
Heydon, Leeming & Turner, Meagher, Gummow & Lehane’s Equity Doctrines & Remedies, 5th ed, 2015


The Honourable J D Heydon AC QC is a former Justice of the High Court of Australia. He was appointed to the court in February 2003, after having been a judge of the New South Wales Court of Appeal since 2000.

The Honourable Justice M J Leeming is a Judge of Appeal in the Supreme Court of New South Wales. He is also Challis Lecturer in Equity at the University of Sydney.


Part 1 The Basic Concepts of Equity

Chapter 1 Law and Equity
Chapter 2 Equity Acts in Personam
Chapter 3 Equitable Estates and Interests
Chapter 4 Equitable Priorities

Part 2 Dealings with Property in Equity

Chapter 5 Introduction
Chapter 6 Equitable Principles Regarding Dealings with Legal Property
Chapter 7 Dealings with Equitable Interests
Chapter 8 Future Property
Chapter 9 Interests Which Cannot Be Dealt With
Chapter 10 Avoidance of Statutory Requirements to Prevent Fraud

Part 3 Grounds for Relief

Chapter 11 Fiduciary Relationship
Chapter 12 Mistake
Chapter 13 Misrepresentation
Chapter 14 Undue Influence
Chapter 15 The Equity of Redemption
Chapter 16 Marshalling
Chapter 17 Relief Against Penalties and Forfeitures
Chapter 18 Estoppel in Equity
Chapter 19 Donationes Mortis Causa
Chapter 20 Contribution
Chapter 21 Subrogation
Chapter 22 Confidential Information

Part 4 Trusts

Chapter 23 The Nature and Classification of Trusts
Chapter 24 Distinction between Trusts and Other Relationships
Chapter 25 The Essentials of an Express Trust — The Three Certainties
Chapter 26 The Beneficiary Principle and Non-charitable Trusts
Chapter 27 The Constitution of Express Trusts
Chapter 28 The Requirement of Writing for Express Trusts; Informal Testamentary Arrangements
Chapter 29 Express Trusts — Vitiating Elements
Chapter 30 Trusts for Charitable Purposes
Chapter 31 Resulting Trusts
Chapter 32 Constructive Trusts
Chapter 33 Duties of Trustees
Chapter 34 Capital and Income
Chapter 35 Powers of Trustees
Chapter 36 Rights and Liability of a Trustee
Chapter 37 Rights of the Beneficiary
Chapter 38 The Beneficiary’s Proprietary Rights on Breach of Trust

Part 5 Equitable Remedies

Chapter 39 Specific Performance
Chapter 40 Injunctions
Chapter 41 Damages in Equity
Chapter 42 Rescission
Chapter 43 Rectification

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