You are on page 1of 13

EQUITY AND TRUSTS

MAXIMS OF EQUITY (Kaedah-Kaedah Ekuiti)

. Webb [1994]. • Equity enforces its powers against persons in its jurisdiction regardless whether it relates to a property which is situated abroad. • Penn v.EQUITY ACTS IN PERSONAM • Personal order against the defendant. • Chellaram v. Lord Baltimore (1750). • Re Valibhoy Decd (1961). Chellaram [1985]. • Webb v.

v. • Equity does not destroy but fulfils the law. comes in when law too technical to redress a legal wrong. Hamid & Ors [1994]. • Punca Klasik Sdn. nor does it refuse to follow common law rules. . Abdul Aziz Bin Abd. Bhd. • Eq.EQUITY FOLLOWS THE LAW • Equity may not depart from statute law.

• Lau Choong Choo [1980].EQUITY IS EQUALITY • Equality – concurrent entitlement to identical interest and no express provision otherwise. • Not necessarily mean equal shares but proportionate equality. . • Tai Kwong Goldsmiths [1995].

Trust. Eg. MIMB [1992].EQUITY WILL NOT SUFFER A WRONG TO BE WITHOUT A REMEDY • means : equity will ensure protection for a right which due to some technical defects is not enforceable at law. Trustee (Legal Owner) TP . •Plaintiff’s right must be suitable for enforcement by the court. Settlor . Beneficiary (Eq.Quia Timet Injunction. •Haji Osman (1952). Owner) .

HE WHO SEEKS EQUITY MUST DO EQUITY • Means : Plaintiff who seeks equitable relief must be prepared to act fairly towards defendant • Davis v. Butcher [1950]. • Boo Kok Ngeak & Anor [1998] . • Solle v. • Chappel v. Times newspaper [1975]. Duke of Marlborough (1819) : “… the principle of this court is not to give relief to those who will not do equity …”.

• Suntoso Jacob v. • Chettiar v. . • NO – element of dishonesty on the part of the plaintiff with regard to his previous conduct. Kong Miao Ming [1986].HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS • Similar : seeks equity do equity. Chettiar [1962]. • Difference ??. • Argyll (Duchess) v. Argyll (Duke) [1967].

both legal and equitable right. A prevail. . A. B equitable right only . Lee Cheng Keat. • Langan v.WHERE THE EQUITIES ARE EQUAL THE LAW PREVAILS • Twp persons. competing rights to the same item of property.

(1976).WHERE THE EQUITIES ARE EQUAL THE FIRST IN TIME PREVAILS • UMBC Corp. . • Vallipurram Sivaguru (1937). Bhd. • Tee Say Poh (1939).

• HL Bannerji [1983]. • Tee Say Poh (1939).EQUITY REGARDS THAT AS DONE WHICH OUGHT TO BE DONE • Where there is a specifically enforceable obligation. equity regards the arties as already in the position which they ought to be in. • Walsh v. Lonsdale (1882). .

.EQUITY LOOKS TO INTENT RATHER THE FORM • Equity looks to the substance rather than the form. • Hj Osman Bin Abu Bakar(1952).

EQUITY DOES NOT ALLOW A STATUTE TO BE USED AS AN INSTRUMENT OF FRAUD • Sia Siew Hong & Ors. Lim Gim Chian & Anor [1995] 3 MLJ 14 . V.

Abdul Majid [1949]. Rye [1996]. . • Haji Abdullah v.DELAY DEFEATS EQUITY • Equity will not assist a Plaintiff who has failed to assert his rights within a reasonable time. • Nelson v.