The Principles Of Equitable Remedies

EQUITABLE REMEDIES is regarded as the most thorough and in-depth treatise on equitable remedies in the common law world today. The first edition was described by Sir Owen Dixon as "the best legal book to have come out of Australia". This 8th edition of Equitable Remedies continues to uphold its reputation as an up-to-date and reliable source of information with respect to injunctions, specific performance, rectification and equitable damages. Thenew edition analyses a series of important decisions relating to the extra-territorial effect of equitable orders, the application of statutes of limitation, mandatory and prohibiting injunctions, special requirements for ex parte orders, and questions relating to rectification: From the English Court of Appeal, Masri v Consolidated Contractors International (U.K.) Ltd (No 2) and (No 3), the extra-territorial effect of equitable orders received extended analysis, with wide commercial ramifications. In the Court of Appeal in P. & O. Nedlloyd B.V. v Arab Metals Co., statutes of limitation in equitable proceedings were examined. The Privy Council decision In National Commercial Bank Jamaica Ltd. V. Olint Corporation Ltd. examined the relationship of mandatory and prohibiting injunctions, as well as the special requirements that must be satisfied before an order is made ex parte. In Chartbrook Ltd v. Persimmon Homes Ltd. a number of the more contentious questions relating to rectification were considered by the House of Lords. Dr Ian Spry again applies his leading analysis to these new developments, ensuring Equitable Remedies 8th edition remains the essential resource on the subject.

This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.

The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Bryan from University Melbourne, Vann from Monash.