LLB220 Lecture Notes - Lecture 8: Equitable Remedy, Equitable Interest, Unconscionability
Document Summary
Trusts - equitable interests in land - presumption of advancement - Readings: textbook paragraphs 6. 1 to 6. 22, 6. 25 to 6. 44, 6. 54 to 6. 55, conveyancing act 1919 (nsw) ss 23c, 23e, 54a. 1: e. g. money given to solicitor to make financial transaction for something, constructive trust equitable. Court of equity is there to help remedy a wrong. Lysaght v edwards (1876) 2 ch d 499. Facts: the testator had agreed to sell a farm, but died before completion. There is an equitable interest in property once the contract has been signed. But the trusteeship is not an ordinary trusteeship. It must, therefore, be considered to be established that the vendor is a constructive trustee for the purchaser of the estate from the moment the contract is entered into. ". Muschinski v dodds (1985) 160 clr 583 constructive trust. They decided to purchase a property to create an arts & crafts centre.
