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FUSION OF COMMON LAW N EQUITY The object of supreme court was to enable equity and common law to be administered

under the newly established supreme court of judicature-took over the jurisdiction of chancery court and common law courts-3 division 1. Quenns bench 2. Probate,divorce and admiralty 3. Chancery Both common law and equitable remedies can be awrded by any division-supreme court merged the administration of the 2 system-debate whether the sysytems have been fused into one Ashburner in principles of equity The two streams of jurisdiction though they run in the same channel, run side by side and do not mingle their waters

Lord diplock-united scientific holdings The innate conversatism of English lawyers may have made them to recognize that by scja, the two systems of subjective and adjectival law formerly administered by courts of law and chancery courts were fused

The prevailing view appears to be that although the two systems operate closely together they are not fused – scja provided for what was happened in cases where equity and common law conflicted. Sec 25(11) scja states that equity shall prevail Walsh v Lonsdale RECEPTION The extension of English legal principle to ceded or conquered territories.

Statutory 1st royal- directs that the court shall in deciding civil cases give judgement according to justice and right 2nd royal- extended the English law that applied in penang to Malacca 3rd royal- repealed the second charter only to extent necessary to recognized the court of judicature Trustee act Specific relief act Law reform act Civil law act Sec 3(1)- common law , rules of equity and statutes of general application shallbe applied so far only as the circumstances of the states of Malaysia and their respective inhabitants permits and subject to such qualifications as local render necessary

Once a contract for sale of land is concluded the vendor becomes in equity a trustee for the purchaser eventhough delivery of possession or transfer of title has not taken place.UMBC V pemungut hasil tanah kota tinggi “ the NLC is a complete and comprehensive code governing land tenure in msia and there is no room for the importation of any rule of English land law” . Maxim of equity applied . Equity and the Malaysia land law . Bare trust .- JUDICIAL RECEPTION The court in Malaysia firmly held that the view that they had the widest possible jurisdiction to do justice between the parties by applying principles of natural justice and equity.Khoo hock leong v lim ang kee . court found that the plaintiff was entitled to recover possession but also found that the defendant inhonest belief that the land was his spent money on the improvements to it.Ong chat pang v valiappa chettiar 3. Court applied the maxim he who seek equity must do equity andordered the defendant to be compensated for his improvements 2.In an action for the recovery of land. 1. well established in Malaysian courts .