Private Law Theory

ABSTRACT
The ‘Pallant v Morgan equity’ is a relatively new but well-entrenched constructive trust doctrine in English law. However, its precise status in Australia is uncertain. This paper asks whether the Pallant v Morgan equity is a superfluous or substantive doctrine in Australia. It explores four different equitable doctrines which judges have at one point or other suggested can account for that doctrine, and comes to the conclusion that it is not simply a manifestation of those established doctrines and therefore superfluous in Australian law, but a substantive doctrine with a distinct sphere of application. The paper then discusses the justificatory rationale of the Pallant v Morgan equity, and observes how that justification provides normative ground for understanding the equity as a distinct doctrine.

Liew, Ying Khai and Poon, Cristina, The ‘Pallant v Morgan Equity’ in Australia: Substantive or Superfluous? (2021). (2021) 21 Australian Property Law Journal 1.

First posted 2022-06-13 10:00:03