Date of this Version

1-1-1996

Document Type

Journal Article

Publication Details

Liew, K.-L. (1996). Breach of fiduciary duties by a solicitor- What is an appropriate equitable remedy? An analysis of Maguire and Tansey v Makaronis and Makaronis. High court review, 2, 11 pp.

Abstract

Extract:

The following analysis of the recent decision of Maguire and Tansey v Makaronis and Makaronis (Maguire and Tansey's case), a judgment of the Full Court of the Supreme Court of Victoria (delivered on 17 August 1995), exemplifies another factual scenario where it is important to bear in mind that equity is neither an inflexible nor an amorphous institution. While one could hardly quarrel with the proposition that equity is not concerned with "palm-tree" justice, one would surely hesitate to say that equity is "absolute" about any equitable principle. The nature of equity is such that it would always bear in mind the facts and circumstances of each case before it will grant what it considers to be an "equitable" remedy in the circumstances of the case.