EQUITY AND TRUSTS

MAXIMS OF EQUITY (Kaedah-Kaedah Ekuiti)

EQUITY ACTS IN PERSONAM

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

EQUITY FOLLOWS THE LAW

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

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

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;
Plaintiffs right must be suitable for enforcement by the court; Haji Osman (1952); MIMB [1992]; Eg. Settlor - Quia Timet Injunction; Trustee (Legal Owner) TP - Trust; Beneficiary (Eq. Owner)

HE WHO SEEKS EQUITY MUST DO EQUITY

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

HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS

Similar : seeks equity do equity; Difference ??; NO element of dishonesty on the part of the plaintiff with regard to his previous conduct; Argyll (Duchess) v. Argyll (Duke) [1967]; Chettiar v. Chettiar [1962]; Suntoso Jacob v. Kong Miao Ming [1986];

WHERE THE EQUITIES ARE EQUAL THE LAW PREVAILS

Twp persons, competing rights to the same item of property, A, both legal and equitable right, B equitable right only , A prevail; Langan v. Lee Cheng Keat;

WHERE THE EQUITIES ARE EQUAL THE FIRST IN TIME PREVAILS

UMBC Corp. Bhd. (1976); Vallipurram Sivaguru (1937); 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); HL Bannerji [1983]; Tee Say Poh (1939);

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. V. Lim Gim Chian & Anor [1995] 3 MLJ 14

DELAY DEFEATS EQUITY

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