Another post on the restitution vs equity divide! But this time, inspired by a MSM attack by Janet Albrechtsen on Keith Mason (former president of the NSWCA). I feel sorry for Mason - kicked in the teeth by the HCA, and then by Janet. Let’s have a look first at what Keith Mason said in his farewell speech which was so objectionable according to Albrechtsen. He speaks of the High Court’s judgment in Farah: Read more »
I know that some people have lost a lot of money through the collapse of Opes Prime, so it seems a bit ghoulish to be fascinated by it - but there you have it, I can’t help myself - I’m fascinated. There are so many interesting equitable and property law questions raised by it (tracing, equitable mortgages, mere equities, trusts in undifferentiated property), not to mention corporate governance issues. Some of my favourite topics! Read more »
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